Truckers will appeal in lawsuit against CARB

| 11/7/2014

The Owner-Operator Independent Drivers Association will appeal a recent court order dismissing its lawsuit against the California Air Resources Board. OOIDA’s lawsuit was filed against CARB in December of last year in the U.S. District Court, Eastern District of California, in connection with the Truck and Bus Regulation, otherwise known as the CARB regulation.

The court dismissed the lawsuit in late October of this year saying that OOIDA failed to include the Environmental Protection Agency in the lawsuit as an “indispensable party” and that the court lacked jurisdiction over the challenge. The court said the EPA had approved CARB’s regulation as written, and whether or not they had the power to do so should be reviewed by a court of appeals.

The Association will appeal the decision.

“We have a strong case and intend to see it through,” said OOIDA President and CEO Jim Johnston. “CARB should not have overreached its authority with or without the EPA’s approval.”

OOIDA contends that the CARB regulation violates the Commerce Clause of the U.S. Constitution and that only Congress has the power to regulate interstate commerce. The Commerce Clause prohibits state laws and regulations that discriminate against interstate commerce or unduly burden interstate commerce. OOIDA is seeking an injunction, saying the regulation is unconstitutional and discriminates against out-of-state truckers.

OOIDA says that CARB regulations have caused, and will continue to cause, irreparable harm to truckers who have been shut out of the California market because of the costs of compliance.

The CARB regulation requires 1996-2006 model year trucks more than 14,000 pounds to be replaced or retrofitted with particulate matter filters and prohibits older trucks that have not been replaced or retrofitted from operating on public roads in California. The rule was effective Jan. 1, 2012.

The full decision can be read here.

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