Another Lawsuit Filed Against California’s Diesel Ban

The American Free Enterprise Chamber of Commerce (AmFree Chamber) is joining in on the fun of suing the state of California for its regulations that will make it unlawful to drive a diesel-powered vehicle in the state by 2042.

Details

The lawsuit was filed on April 1st, but it is certainly no joke.

The legal arm of AmFree Chamber is chaired by William “Bill” Barr, the former Attorney U.S. General who served under Presidents George H.W. Bush and Donald Trump. In pursuing this lawsuit, it seems that we have come full circle on the battle of environmental and economic regulations.

“The ability to move people and products reliably and affordably is foundational to free enterprise and a functioning marketplace that serves American consumers,” said Gentry Collins, AmFree Chamber CEO. “The attempt currently underway by the state of California to ban liquid fuels and internal combustion engines is a major threat to the American way of life and terrible climate policy to boot…a power grab that seeks to regulate out-of-state truck fleets if they so much as cross the state line even once per year.”

The lawsuit has three statements to make. It claims:

• The California Air Resources Board (CARB) did not go through the proper procedures to establish the timeline of events, saying it should have obtained a waiver of Clean Air Act preemption.
• The regulation flies in the face of the Energy Independence and Security Act of 2007.
• The regulation flies in the face of the Federal Aviation Administration Authorization Act, which may be familiar to those following a similar story in California regarding AB-5.

Conclusion

California is constantly pushing the envelope with its policies. The same day this lawsuit was filed, it became law that fast food locations, with some exemptions, must pay employees at least $20 an hour. While the California AB-5 law was ruled to not interfere with the Federal Aviation Administration Authorization Act, it is possible that a judge rules that the diesel ban coming in fewer than 20 years does not have the final say on trucks from fleets headquartered out-of-state. As always with these court battles, we will have to wait and see.

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