This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here
Stocks Under $10 with 50-100% upside potential - 14 days FREE!

Truckers Will Continue Legal Battle Against CARB And U.S. EPA

Owner-operators and small-fleet trucking business owners to challenge constitutionality of diesel engine regulations

UPLAND, Calif., Jan. 22, 2013 /PRNewswire-USNewswire/ -- The California Construction Trucking Association (CCTA) has filed a Notice of Appeal to the U.S. Court of Appeals for the Ninth Circuit in its nearly two-year-long legal case against the California Air Resources Board's (CARB) heavy-duty, on-road truck and bus regulation ( CDTOA v. CARB, Case No. 2:11-CV-00384-MCE-GGH).

The CARB diesel engine regulation will ultimately force the replacement of most diesel powered commercial motor vehicles that do not meet 2010 EPA emissions standards in order to operate in the State of California. Despite claims used to justify this regulation by regulators and environmental groups that public grant funding is readily available to assist truckers in complying – this is not true. Small-business truckers are bearing the brunt of the multi-billion dollar expense to unnecessarily replace trucks originally built and certified to EPA emissions standards.

The CCTA originally filed its litigation to CARB's diesel engine regulation in March 2011 stating the state regulation is pre-empted by the Federal Aviation Administration Authorization Act (FAAAA) which prohibits states from enacting any law, rule, or regulation affecting the price, routes, or services of motor carriers. The NRDC intervened by presenting a Gordian Knot legal theory that CARB's regulation was not actually a state regulation but effectively a federal regulation when the EPA hurriedly approved the California State Implementation Plan (SIP) in 2012 containing the challenged truck and bus regulation – a year after litigation began.

In December 2012, the U.S. District Court issued a decision that the EPA was an "indispensable party" to the litigation resulting from EPA approval of the SIP and that the court no longer retained jurisdiction. No decision was made on the merits of CCTA's original legal argument. The CCTA will appeal this decision.

Additionally, the CCTA will file a Petition for Review with the Ninth Circuit challenging EPA's approval of the SIP since the Clean Air Act prohibits EPA from approving a SIP in conflict with other federal law. CCTA believes the approval is in conflict with the FAAAA and commerce clause of the U.S. Constitution.

Separately, the CCTA is being represented by the Pacific Legal Foundation in another action challenging the process used by the EPA in approving CARB's off-road diesel engine rules.

1 of 2

Select the service that is right for you!

COMPARE ALL SERVICES
Action Alerts PLUS
Try it NOW

Jim Cramer and Stephanie Link actively manage a real portfolio and reveal their money management tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
  • Weekly roundups
TheStreet Quant Ratings
Try it NOW
Only $49.95/yr

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
  • Upgrade/downgrade alerts
Stocks Under $10
Try it NOW

David Peltier, uncovers low dollar stocks with extraordinary upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
  • Weekly roundups
Dividend Stock Advisor
Try it NOW

Jim Cramer's protege, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Alerts when market news affect the portfolio
  • Bi-weekly updates with exact steps to take - BUY, HOLD, SELL
Real Money Pro
Try it NOW

All of Real Money, plus 15 more of Wall Street's sharpest minds delivering actionable trading ideas, a comprehensive look at the market, and fundamental and technical analysis.

Product Features:
  • Real Money + Doug Kass Plus 15 more Wall Street Pros
  • Intraday commentary & news
  • Ultra-actionable trading ideas
Options Profits
Try it NOW

Our options trading pros provide daily market commentary and over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.

Product Features:
  • 100+ monthly options trading ideas
  • Actionable options commentary & news
  • Real-time trading community
  • Options TV
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
Submit an article to us!
DOW 16,880.36 -31.75 -0.19%
S&P 500 1,970.07 +0.12 0.01%
NASDAQ 4,462.9020 +20.2040 0.45%

Brokerage Partners

Rates from Bankrate.com

  • Mortgage
  • Credit Cards
  • Auto

Free Newsletters from TheStreet

My Subscriptions:

After the Bell

Before the Bell

Booyah! Newsletter

Midday Bell

TheStreet Top 10 Stories

Winners & Losers

Register for Newsletters
Top Rated Stocks Top Rated Funds Top Rated ETFs