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Lawsuits: Truck/engine makers back off CARB | Driver's misclassification case against Schneider will resume

Trucking news and briefs for Friday, Aug. 12, 2022:

Just over two months since filing a lawsuit against the California Air Resources Board over the deadlines for looming emissions requirements for new truck and engine builds, the Truck and Engine Manufacturers Association (EMA) has withdrawn its lawsuit.

EMA said the lawsuit was intended to confirm that CARB is required to provide manufacturers at least four full model years of leadtime before implementing new heavy-duty engine emission standards.

“Congress unambiguously mandated the minimum four full model year leadtime requirement in the Clean Air Act for both the U.S. Environmental Protection Agency (EPA) and CARB,” EMA said in an Aug. 11 letter. “EPA has now commenced its review of CARB’s preemption waiver request and held a hearing that included discussion of the leadtime issue. As a result, EMA has chosen to withdraw its lawsuit without prejudice.”

EMA noted that its members support implementation of more stringent emissions standards nationwide.

“EMA filed the lawsuit to achieve clarity and prompt resolution on the leadtime issue -- something all stakeholders should want,” said EMA President Jed R. Mandel. “EMA was never challenging CARB’s independent right to regulate. At the time we filed, EPA had not yet initiated its review of CARB’s request for a waiver. We are pleased that EPA has now solicited public comment and the review process is underway.”

Mandel added that EMA encourages prompt actions from EPA to confirm its four model year leadtime requirement applies to CARB.

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