Prairie State Wire

Sixteen states have launched a complaint against California's regulation known as the Advanced Clean Fleets, which aims to compel truckers across the nation to transition to zero-emission vehicles. 

The stringent zero-emissions vehicle mandate targets heavy-duty vehicles and aims to phase out diesel-powered trucks by 2036. 

“The Illinois Trucking Association supports the multi-state lawsuit,”  Matthew Hart, Executive Director of the Illinois Trucking Association, told Prairie State Wire. “In fact, ITA’s Nebraska affiliate, the Nebraska Trucking Association, is a co-plaintiff in the lawsuit. Mandates like the one from the California Air Resource Board are a challenge for our industry, which ultimately impact every consumer because our industry transports 95 percent of the manufactured freight in Illinois.” 

“These types of mandates make it much more expensive to operate. To continue to operate in California, even Illinois trucking companies will be forced to purchase trucks that cost $425,000 compared to $180,000 for a diesel truck; and the cost of a heavy-duty truck charger is $112,000 (source, American Transportation Research Institute, attached). 

“For the consumer, this means higher prices. Families in Illinois get much of their produce from California. This means higher costs to put the same fruit or the same vegetables on a family table. Regulations like the one in California also make it harder for local trucking companies as some simply can’t afford the higher costs for electric trucks and truck chargers just to operate in one state.” 

The lawsuit argues that the Advanced Clean Fleets regulation violates the Commerce Clause of the Constitution, claiming federal laws gave control of motor carriers to the federal government, superseding any state regulations.

“That means it cannot bypass the CAA and the FAAAA nor impose rules that fall within the Commerce Clause’s negative implication,” according to the lawsuit. “But defendants, California’s chief law enforcement and environmental enforcement officers, have done just that through their implementation and enforcement of Advanced Clean Fleets."

The plaintiffs also object to the additional costs associated with electric trucks, including road damage and higher purchase prices compared to traditional models.

Nebraska Attorney General Mike Hilgers has warned that the regulations, requiring a switch to zero-emission vehicles by 2035, would burden consumers and devastate Midwest businesses. 

With California being a hub for 30% of U.S. imports, the impact could be significant. 

The plaintiffs have filed a complaint for declaratory judgment and injunctive relief against the Executive Officer of the California Resources Board and the Attorney General of California. 

The lawsuit claims the regulation, while appearing to only apply to California, will have national consequences by raising prices and slowing transportation.

“This will inevitably disrupt the supply chain for all manner of goods, slow interstate transportation, raise prices on goods across the country and impose costs on taxpayers and governments around the country,” the lawsuit reads. “It is a misconceived and nationwide policy executed without the blessing of Congress or the consent of elected leaders in affected states.”

A free market business group has sued separately. 

Filed by the American Free Enterprise Chamber of Commerce and Associated Equipment Distributors, that lawsuit alleges violations of the Clean Air Act, arguing that California never obtained a waiver from the EPA to implement the plan. 

The plaintiffs criticized the mandate, claiming it threatens American free enterprise and imposes massive costs on the economy and families, while truckers expressed concerns over the feasibility and financial burden of transitioning to electric vehicles.