Justice Department files complaints against CARB

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The Justice Department has filed two complaints in US federal court against the California Air Resources Board (CARB) with regard to continued enforcement of now preempted emissions standards through its ‘Clean Truck Partnership’ with heavy-duty truck and engine manufacturers.

The filing comes after four truck OEMs, Daimler Trucks, Volvo, Paccar and International Motors (formerly Navistar) sued California to block the state from enforcing emissions standards which were declared void in June this year.

The CARB regulations were intended to enforce the use of emissions-free vehicles in California. The Clean Air Act preempts state regulation of vehicle emissions unless the Environmental Protection Agency (EPA) granted California a waiver.

Truck makers said they had been ‘caught in the crossfire’ after the Trump administration reversed waivers issued during the Biden administration that allowed California to set its own emissions standards.

According to the Justice Department’s material relating to the complaint, CARB had planned to circumvent the end of the waiver by continuing to enforce strict emissions standards through the Clean Truck Partnership.

“Agreement, contract, partnership, mandate — whatever California wants to call it, this unlawful action attempts to undermine federal law,” said acting Assistant Attorney General Adam Gustafson of ENRD.

“President Donald Trump and Congress have invalidated the Clean Air Act waivers that were the basis for California’s actions. CARB must respect the democratic process and stop enforcing unlawful standards.”

ENRD Has also moved to dismiss two cases in the US Court of Appeals for the Ninth Circuit where industry groups had challenged the EPA’s waivers for passenger cars.