The proper use of words is important for a society to function and individuals to function in that society. If you don’t think so try going someplace where our language is unknown….good luck!
ACB in Court, Still
The Alliance for California Business (ACB) was in court on Friday, December 11th regarding the ongoing lawsuit against the CARB. We believe the diesel particulate filter is untested and unsafe and should not be compelled until it is shown to be safe by independent and competent testing. We want CARB to suspend the requirement until this testing is done. They refuse.
At our prior court date the CARB lawyers informed the court and the people that a process to exempt a vehicle owner from having to operate with a DPF was available from the ARB and had been all along!
Apparently, according to CARB counsel, it was in the rules all along and their counsel had forgotten this provision so CARB argued that the Court and the ACB had no cause for complaint. Almost two years of time and expense because these taxpayer paid lawyers representing CARB didn’t know?
They could not quite point to this provision that day but assured the court that it was in the regulations. The judge was not pleased and advised the lawyers they had best be correct, because he had invested his time, the court’s time as well as the Alliance’s time and the expense of all.
In addition CARB informed everyone that only truck owners were affected by the DPF requirement in the Truck & Bus rules so only truck owners could apply for this “lost and forgotten exemption.” What was this lost or overlooked provision? How was it possible that in all the effort and research done by members of the ACB and their colleagues as well as our counsel we had no knowledge of this simple yet powerful tool?
The pettifoggers for the CARB supplied their answer soon enough. It is titled. “Truck and Bus Regulation PM Filter Availability and Extensions” dated November 26 2012. Much can be learned from this ruse.
This defense provided by CARB tells us that they believe words have no meaning. The word “extension” does not mean the same as “exemption” and no matter how much obfuscation twisting or bullying the word “extension” does not mean the same as “exemption.”
CARB further informed the court that an owner could apply for this extension cum exemption that does not exist in writing anywhere. Counsel did not know to whom it should be addressed. After listening to the CARB lawyers try to wriggle around this issue, the judge had one question for them: Is there a form or document for this non-existent exemption? The counsel replied, no.
The judge has taken the case under advisement…to be continued.