WSTA and CIACQ File Petition for Review

The Western States Trucking Association (WSTA) and Construction Industry Air Quality Coalition (CIAQC) filed a petition for review in the United States Court of Appeals for the District of Columbia Circuit on June 5, 2023, challenging EPA’s waiver grant of CARB’s Advanced Clean Trucks Rule, which requires manufacturers of Class 2b-9 chassis to sell increasing percentages of electric or fuel-cell trucks so that these vehicles would be required to make up 40-75% of all new truck sales in California by 2035. The purpose of CARB’s ACT rule is to accelerate the market for zero emission vehicles in the medium- and heavy-duty truck sector in an effort to fulfill California’s goal to transition to so-called “zero-emission vehicles.” In the litigation, we will argue that EPA’s waiver is arbitrary and capricious, inconsistent with statutory authority under the Clean Air Act, and violates the equal sovereignty of states doctrine of the United States Constitution. We expect a broad range of affected industries and states will file similar petitions for review.