The California Air Resources Board (CARB) filed a lawsuit this week in Alameda County Superior Court against four commercial truck manufacturers for allegedly breaking the terms of the 2023 Clean Truck Partnership (CTP), a series of regulations limiting truck sales and greenhouse gas emissions in the Golden State.
Formed through an agreement between Daimler Truck North America (DTNA), Volvo Group North America (VTNA), PACCAR, and Navistar and CARB in July 2023, the CTP aims to bridge state and federal emissions standards while driving continued progress in zero-emission vehicle innovation.
Under the agreement, manufacturers committed to complying with California's Advanced Clean Trucks and Omnibus regulations regardless of future federal rulings, and agreed not to dispute California's right to enforce stronger emissions requirements.
[Related: DOJ sues California over Clean Truck Partnership, alleging violation of federal law]
In return, CARB agreed to adjust specific heavy-duty engine regulations, offering manufacturers greater flexibility and extended timelines to meet emissions requirements. CARB stated in its filing that it has already carried out the necessary rulemaking processes and hosted the workshops outlined in the agreement.
For additional reference, the terms of the Clean Truck Partnership included:
- CARB would align with EPA’s 2027 regulations for nitrogen oxide emissions. CARB would modify elements of the 2024 NOx emission regulations for which manufacturers will provide offsets as necessary to maintain California’s emission targets.
- CARB committed to provide no less than four years of lead time and at least three years of regulatory stability before imposing new requirements.
- Truck manufacturers commit to meeting CARB’s zero-emission and criteria pollutant regulations in the state, regardless of any attempts by other entities to challenge California’s authority. As such, the OEMs and EMA have agreed that they will not legally challenge or support others’ legal challenges to any state’s adoption of CARB's regulations.
- OEMs also committed to putting "forth their best efforts to sell as many zero-emission trucks as reasonably possible in every state that has or will adopt CARB’s ACT regulations, even potentially exceeding any future U.S. EPA Phase 3 Greenhouse Gas requirements, irrespective of the outcome of any litigation that has been filed or may be filed challenging the waivers or authorizations for those regulations or CARB’s or any state’s overall authority to implement those regulations."
CARB's lawsuit, which doesn't seek any monetary compensation, contends that the OEMs have clearly indicated they no longer plan to uphold their clean truck sales commitments and may be on the verge of completely violating the agreement. CARB maintains that financial compensation alone cannot remedy the harm, since the partnership was intended to deliver real-world emissions reductions rather than monetary gains. The agency is asking the court to require the companies to fulfill their obligations. If that proves impossible, alternatively, to permit CARB to withdraw from the contract and recover its associated costs.
The OEMs previously took legal action of their own against the CTP.
Filed in August, the OEMs' lawsuit aims to nullify the Clean Truck Partnership, arguing that California is improperly enforcing heavy-duty truck emissions standards that Congress has recently preempted under the federal Clean Air Act.
A hearing on the OEMs' request for a preliminary injunction is slated for October 31, followed by a November 21 session in which CARB will seek dismissal of the case.
The court's decisions could have broad implications. More specifically, it could potentially redefine how states and the federal government coordinate on emissions policy and determining the ultimate fate of the Clean Truck Partnership.
Speaking to Clean Trucking sister site CCJ, Clean Freight Coalition Executive Director Jim Mullen said this latest lawsuit "is an effort by CARB to forum shop in California state court to further protect the failed polices of the unelected bureaucrats who refused to listen to the trucking manufacturers, fleets, and dealers who told them their regulations were unattainable. This is what happens when political dogma is the foundation for policy. While California continues with this unnecessary and expensive political-turned-legal drama, the trucking industry will continue to move the country's freight and collaborate with stakeholders on improving truck emissions."
