On February 11th, the California Dump Truck Owners Association (CDTOA) filed a lawsuit against the California Air Resources Board (CARB), challenging the legality of a statewide rule that requires truck and bus owners equip their rigs with diesel exhaust filters and, eventually, to replace pre-2010 engines with emissions-compliant mills.
The lawsuit, the California Dump Truck Owners Association v. Air Resources Board, was filed in the U.S. District Court, Eastern District of California, Sacramento Division and specifically asserts that CARB's emissions regulations are unconstitutional. Why? Because, CDTOA claims, the costs of complying with CARB's Truck and Bus Regulation will drive the majority of dump truck owners out of business and cause "incalculable" damage to the construction industry.
Back in 2008, CARB adopted the statewide Truck and Bus rule, which became effective on January 1st, 2011. The Truck and Bus rule requires owners to upgrade their rigs by installing diesel exhaust filters by 2014. Then, by 2022, truck and bus owners will be required to replace most diesel mills that were manufactured before 2010.
CARB has a good reason for wanting the improved filters. It claims that the Bus and Truck rule will reduce diesel emissions by 68 percent by 2014, but the CDTOA argues that the regulations will lead to escalating construction costs, higher unemployment rates and a dramatic weakening of the state's economy.
[Source: Green Car Congress | Image: aldenjewell – C.C. License 2.0]