OOIDA v. CARB: Federal court may hear oral argument as soon as April

By Sandi Soendker, Land Line editor-in-chief | 12/22/2016

The Owner-Operator Independent Drivers Association has been embroiled in a many-pronged court skirmish with the California Air Resources Board for almost four years. This week, OOIDA attorneys were notified by the U.S. Court of Appeals for the 9th Circuit that the Association’s initial case is being considered for oral argument in April.

In the case, OOIDA alleges that CARB’s Truck and Bus Regulation violates the Commerce Clause of the U.S. Constitution by requiring owner-operators residing outside of California to incur monstrous costs to retrofit their equipment simply to engage in interstate business in California.

It 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 9th Circuit Court in San Francisco. OOIDA President Jim Johnston has said that “so far, the merits of the case have not been heard by any court.” 

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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