California responds to OOIDA legal challenge of CARB's Truck and Bus Reg

By Sandi Soendker, Land Line editor-in-chief | 2/12/2014

California Attorney General Kamala Harris has responded to OOIDA’s lawsuit against CARB. On Jan. 27, Harris filed a partial motion to dismiss the complaint’s claims against the CARB defendants in their individual capacities, but did not seek dismissal of those claims against them in their official capacity.

The complaint names as defendants Richard W. Corey in his official and personal capacity as executive officer of CARB; Mary D. Nichols in her official and personal capacity as chairman of CARB; and Matt Rodriguez, in his official capacity as secretary of CARB.  

On Dec. 6, OOIDA filed a lawsuit in the U.S. District Court, Eastern District of California, against CARB in connection with the agency’s controversial Truck and Bus Regulation.

“The California Air Resources Board has overstepped its bounds by requiring trucks from other states to be upgraded in order to operate in California,” says Jim Johnston, president and CEO of the Owner-Operator Independent Drivers Association.

“Our position is that it violates the Commerce Clause and they cannot do it,” says Johnston.

Harris’s response did not seek dismissal of the Association’s claims based on Commerce Clause violations.

Related article: OOIDA sues CARB over Truck and Bus Regulation

Copyright © OOIDA