EPA Slams CARB

It seems Trump has done a great thing for the trucking industry; they told California CARB they are not allowed to regulate foreign (out-of-state) trucks, only domestic trucks.

There is a really important reason for this disapproval: it interferes with the Interstate Commerce Clause.

This now opens a wide door for anyone to sue California over interfering with their ability to make money in California markets.

This is the press release -

WASHINGTON – Today, U.S. Environmental Protection Agency (EPA) announced the agency’s final disapproval of California’s Heavy-Duty (HD) Inspection and Maintenance (I/M) Regulation under the Clean Air Act (CAA) to the extent the regulation applies to out-of-state and out-of-country registered vehicles. EPA determined that California’s unprecedented attempt to establish an I/M program in its State Implementation Plan (SIP) for heavy-duty vehicles that pass-through California, regardless of where the vehicle was registered, may violate Federal law. Specifically, EPA determined that California failed to provide necessary assurances as required by Section 110 of the CAA, that implementing the Regulation would be consistent with the U.S. Constitution’s Commerce Clause, which prevents states from interfering with interstate and international trade. EPA approval was limited to the aspect of the Regulation in California’s SIP only as it applies to in-state registered vehicles.

“The Trump EPA will never back down from holding California accountable and stopping them from imposing unnecessary regulations on the entire nation. If California had its way, prices would skyrocket for truckers and businesses across America. Affordable trucks are vital for keeping food and goods moving and prices low for families,” said EPA Administrator Lee Zeldin. “Americans didn’t vote for California’s policies to be imposed nationwide. They voted for President Trump’s policies that put working families first.”

The agency also said that California’s attempt to apply these truck inspection rules to vehicles from other countries violates federal authority over foreign policy matters, and that applying the regulation to out-of-state registered vehicles is not a proper use of the CAA’s planning provisions, which empower each state to promote air quality.

EPA is committed to following the law and its statutory obligations as written. While California may force costly regulations on vehicles registered in its own state, EPA will not allow California to impose those costly regulations on American truck drivers and engine manufacturers in other states or countries for its own purposes by misusing the CAA.

EPA Stops Another California Scheme to Impose its Costly Vehicle Policies on Entire Country | US EPA

 

It is a regulatory issue, it is put here for that reason. Politics aside, the authority that the feds have has to do with making sure all markets in every state is available to all other states. California asked for a waiver, it was improperly granted and now it is rejected. This opened the door for cases to be made in court to go after California if California/CARB fines or prevents an out of state truck, regardless of age or emissions, to access the roads to access the markets, it is stifling interstate commerce.

while it seems to be complicated, it is very simple, California never had the power under the constitution to stop anyone from entering the state in any truck.