NTTC Supports Challenge to ACT Regulation in Western States v. EPA

On November 13, 2023, the National Tank Truck Carriers (NTTC) joined an amicus brief for a lawsuit (Western States Trucking Association, Inc., et al v. EPA, et al) against the U.S. Environmental Protection Agency’s (EPA) Advanced Clean Trucks Regulation (ACT Regulation). The ACT Regulation is a California-originated manufacturers zero emission vehicle sales requirement and a reporting requirement for large fleets, and was erroneously granted a preemption waiver by EPA before other states can adopt.

The amicus brief, whose parties include NTTC, the Chamber of Commerce of the United States of America, American Trucking Associations, Truckload Carriers Association, and Specialty Equipment Market Association & Performance Racing, Inc. concluded that the U.S. Court of Appeals for the D.C. Circuit should vacate EPA’s decision granting California’s request for a preemption waiver.

The brief, available by clicking here, stated, “California’s standards are also inconsistent with federal requirements concerning technological feasibility and necessary leadtime, resulting in unattainable goals. Critically, the standards impose prohibitive costs on manufacturers and purchasers, with serious repercussions for the broader transportation industry, the U.S. supply chain, and the U.S. economy at a time of historically high inflation. ”Further, the document expressed concern that California has failed to adequately address the infrastructure and materials needed to support battery-powered trucks on the road.

NTTC staff will continue to monitor the Court’s proceedings, and will broadcast updates when available.