Lawsuit Update
California responds to OOIDA legal challenge of CARB’s Truck and Bus Reg

By Sandi Soendker, editor-in-chief

California Attorney General Kamala Harris has responded to OOIDA’s lawsuit against CARB. On Jan. 27, Harris filed a partial motion to dismiss the complaint’s claims against the CARB defendants in their individual capacities, but did not seek dismissal of those claims against them in their official capacity.

The complaint names as defendants Richard W. Corey in his official and personal capacity as executive officer of CARB; Mary D. Nichols in her official and personal capacity as chairman of CARB; and Matt Rodriguez in his official capacity as secretary of CARB. 

On Dec. 6, OOIDA filed a lawsuit in the U.S. District Court, Eastern District of California, against CARB in connection with the agency’s controversial Truck and Bus Regulation.

“The California Air Resources Board has overstepped its bounds by requiring trucks from other states to be upgraded in order to operate in California,” says OOIDA President Jim Johnston. “Our position is that it violates the Commerce Clause of the U.S. Constitution and they cannot do it.”

Harris’s response did not seek dismissal of the Association’s claims based on Commerce Clause violations.

OOIDA contends that failure to buy and retrofit trucking equipment as required by CARB regulation will effectively exclude out-of-state truckers from the California trucking market unless they are willing to face fines and penalties for noncompliance. LL