CALIFORNIA COURT DECISION ON DIESEL RULE IMPACTS SMALLER FLEETS

Diesel regulation still in effect, flexibility option overturned
A decision by the Superior Court of California in Fresno agreed with the California Trucking Association’s (CTA) request to erase a range of amendments to the state’s major rule to clean up diesel trucks and buses.

The case is not against the rule itself, which remains fully in effect, but the amendments adopted in 2014. The amendments provide flexibility to smaller fleets (three trucks or less), lower-use vehicles including those operated by small farmers, and fleets in some rural areas. The Air Resources Board (ARB) will immediately file an appeal, which will maintain the status quo while the case makes its way through the higher courts.

The lawsuit alleges ARB did not follow the proper procedures of the Administrative Procedures Act and the California Environmental Quality Act in adopting the amendments. CTA also alleges their members’ economic interests were harmed by them being undercut competitively by fleets who took advantage of the flexibility provisions.

As the case makes its way through the Court of Appeal process, ARB staff statewide will continue to enforce the regulation and will cite those vehicles found to be out of compliance.
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