The California Construction Trucking Association has filed a notice of appeal with the US Court of Appeals for the Ninth Circuit. It's the latest in a two-year legal battle against the California Air Resource Board's heavy-duty, on-road truck and bus regulations. The CARB diesel engine regulation will force the replacement of most diesel-powered commercial motor vehicles that don't meet 2010 US Environmental Protection Agency standards in order to operate in the state.

The CCTA originally filed its court case against CARB's regulation in March 2011, stating that it pre-empted the Federal Aviation Administration Authorization Act, which prohibits rules affecting the price, routes or services of motor carriers. The association believes that the CARB diesel engine regulation is causing small-business truckers to bear the brunt of the operating costs to replace trucks that were originally built and certified to meet EPA emissions standards. Regulators and environmental groups claim that public grant funding is readily available to assist truckers in complying, but this is not true says the CCTA.

Recently, the US Supreme Court agreed to hear an appeal from the American Trucking Associations on another Ninth Circuit federal court case. ATA filed a lawsuit on what it calls a "burdensome" requirement the Port of Los Angeles has put on fleets serving the court for its Clean Trucks Plan. The port's plan requires truck drivers to replace their beat-up, high pollution diesel rigs with much newer trucks that have particulate filters that trap harmful gasses.

A September 2011 ruling by the Ninth Circuit struck down the port's ban on owner-operators, but also ruled the port was allowed to require drayage operators to submit off-street parking plans, properly maintain their trucks, post placards on permitted trucks and demonstrate financial responsibility as part of the plan. ATA filed an appeal to the Supreme Court in December 2011 to challenge specific parts of the plan, saying they would lead to a patchwork of rules and regulations and was pleased that the Supreme Court will review the Ninth Circuit's decision.
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.
Read an open letter the trucking industry titled "Why We Should Continue to Fight."
http://calcontrk.org/industry/carb/1027-cdtoa-vs-arb

About the CCTA
The California Construction Trucking Association (formerly known as the California Dump Truck Owners Association) is a 501 (c) (6) trade association founded in 1941 and headquartered in Upland, California. CCTA membership consists of over 1,100 member motor carriers ranging in size from one-truck owner-operators to fleets with over 350 trucks. CCTA members operate in multiple modes of trucking from vocational trucking to property carrying in both intrastate and interstate commerce.

SOURCE California Construction Trucking Association