OOIDA v. CARB: Federal court will hear oral argument April 19

By Sandi Soendker, Land Line editor-in-chief | Wednesday, February 08, 2017

The Owner-Operator Independent Drivers Association has persisted in a convoluted court clash with the California Air Resources Board since the Association’s first case was filed in 2013. The U.S. Court of Appeals for the Ninth Circuit in California has scheduled oral arguments in that initial case against the California Air Resources Board for April 19, 2017.

OOIDA Executive Vice President Todd Spencer says “the heart of the issue is that CARB regulations place a disproportionate cost burden on out-of-state truckers” by requiring trucks from other states to be upgraded in order to operate in California. The Association’s case alleges that CARB’s Truck and Bus Regulation violates the Commerce Clause of the U.S. Constitution.

The case was originally filed in the U.S. District Court, Eastern District of California, in December 2013. After surviving multiple twists and legal turns, it ended up in the Ninth Circuit Court in San Francisco. So far, the merits of the case have not been heard by any court.

“While there have been other lawsuits filed against CARB, all of those cases have been dismissed on procedural grounds,” said Spencer. “This will be the first one to discuss the merits of the case, which is welcome news to hundreds of thousands of truckers who have stopped doing business in California due to the CARB rules.”

OOIDA is represented by The Cullen Law firm, the Association’s litigation counsel in Washington, D.C. 

Related article:
CARB’s Truck and Bus regulation: OOIDA fights on

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