SEMA, NTEA jointly file federal lawsuit to stop Advanced Clean Fleets EV mandates

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The Specialty Equipment Market Association (SEMA) and National Truck Equipment Association (NTEA) have joined forces in filing a federal lawsuit to prevent CARB from issuing and enforcing its ACF regulations.
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Another lawsuit has been filed challenging California's Advanced Clean Fleets (ACF) regulation, and it likely won't be the last. 

The Specialty Equipment Market Association (SEMA) and the National Truck Equipment Association (NTEA) jointly filed a federal lawsuit on October 8 against the California Air Resources Board (CARB), arguing that CARB's Advanced Clean Fleets rule is in violation of both state and federal law.

The ACF regulation has a 2036 deadline requiring manufacturers to sell only zero-emission medium- and heavy-duty trucks in California. Several other states, including Colorado, Massachusetts, New Jersey, New York, and Washington have also adopted the mandate. Only drayage fleets, state and local agencies, and high-priority fleets are affected by the ACF rule. High-priority fleets are those with 50 or more vehicles, fleets with over $50 million in annual revenue, and federal government fleets that hire and/or dispatch fleets. 

This latest lawsuit demands an immediate declaratory and injunction relief to stop the electric vehicle mandates CARB is aiming to implement through its ACF regulations. Along with arguing the mandate is against the law, the suit says the trucking industry has a long history of adapting new technologies for cleaner air, a fact California lawmakers are ignoring. 

[Related: Trucking to EPA: Send CARB 'back to the drawing board' for its ZEV truck-purchase mandates]

If CARB is allowed to proceed with its mandates, the plaintiffs claim, their members' fleets and aftermarket products will become obsolete in California, forcing members to ditch their internal combustion vehicles for new and unproven technologies, specifically battery electric and hydrogen fuel cell (FCEV). 

“The overreach of California has forced the hand of the automotive industry, making this legal action necessary to protect the interests of the thousands of automotive aftermarket companies whose $337 billion annual economic impact helps drive our nation’s economy,” said SEMA president and CEO Mike Spagnola. “The illegal means by which California has sought to tilt the board by siding with just one technology is to the great detriment of a giant swath of the nation’s small businesses and threatens a dangerous precedent upon the American people.”

The high costs required to convert fleets to zero tailpipe emission vehicles, like the Volvo VNR Electric and Nikola Tre FCEV, are financially out of reach for many smaller operators, even when factoring California and federal incentives. 

[Related: Federal and California taxes hinder ZEV growth, says drayage operator]

Both organizations make clear they're not against EVs, but rather believe that a technology-neutral approach is the better way to achieve lower CO2 emissions. Renewable fuels, such as biodiesel and renewable natural gas, should be allowed as well. 

“Ultimately, work trucks must be available, capable, and affordable. It is important to reach this desired outcome using a sensible and cost-effective approach so our member businesses can continue to build and supply the vehicles that are essential for commerce,” said NTEA president & CEO Steve Carey. “Left unchecked, the current suite of California regulations will severely curtail the ability of work truck users to obtain the vehicles they need to successfully and efficiently carry out their vital missions and support ongoing business operations.” 

At present, California cannot enforce its ACF regulations until it receives the required Clean Air Act waiver from the Environmental Protection Agency (EPA). However, the EPA has never denied CARB a waiver for any previous laws. 

[Related: Truck groups, fleets urge EPA to deny waiver for CARB's diesel ban]

SEMA and NTEA are seeking a declaration and injunction to prevent CARB from issuing and enforcing its ACF regulations. 

Jay Traugott has covered the automotive and transportation sector for over a decade and now serves as Senior Editor for Clean Trucking. He holds a drifting license and has driven on some of the world's best race tracks, including the Nurburgring and Spa. He lives near Boulder, Colorado, and spends his free time snowboarding, climbing, and hiking. He can be reached at [email protected].

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Hydrogen Fuel Cell & BEV Survey
The following survey was sent as a link in an email cover message in February 2023 to the newsletter lists for Overdrive and CCJ. After approximately two weeks, a total of 176 owner-operators under their own authority, 113 owner-operators leased or assigned to a carrier and 82 fleet executives and 36 fleet employees from fleets with 10 or more power units had completed and submitted the questionnaire for a total of 407 qualified responses. Cross-tabulations based on respondent type are provided for each question when applicable.
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