CALIFORNIA — With four major trucking manufacturers set to appear in court on Friday seeking a preliminary injunction in the case against California over the Clean Truck Partnership, the state is firing back.
According to court documents, California and the California Air Resources Board (CARB) are filing a breach of contract lawsuit against Daimler, Volvo, PACCAR and International, alleging the manufacturers violated the terms of the 2023 Clean Truck Partnership agreement.
The case seeks to compel the OEMs to uphold their commitments or pay the state for the costs incurred in carrying out its part of the deal.
Clean Truck Partnership
The agreement, signed by the manufacturers and CARB in July 2023, was designed to align state and federal emissions standards while ensuring manufacturers continue advancing zero-emission vehicle technology. The OEMs agreed to meet California’s Advanced Clean Trucks and Omnibus regulations, regardless of federal legal outcomes, and to refrain from challenging California’s authority to set stricter emissions rules.
CARB agreed to revise certain heavy-duty engine standards and provide manufacturers with regulatory flexibility and longer lead times to comply with emissions rules. According to court documents, CARB claims it has completed the terms required under the agreement.
Non-Compliance
The lawsuit alleges the manufacturers “have already or will soon breach the terms of the contract requiring them to sell clean vehicles in California, but even if any defendant has not yet or does not soon breach the terms of the contract, all defendants have unambiguously stated that they do not intend to comply with the sales commitment terms of the
contract.”
The agency is asking the court to compel the companies to perform their obligations or, failing that, to allow CARB to rescind the contract and recover its costs in an amount to be determined at trial.
The lawsuit filed by the four OEMs seeks to void the Clean Truck Partnership. The complaint claims that California is attempting to require compliance with heavy-duty truck emissions standards that Congress recently preempted under the federal Clean Air Act.
Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.
Suing for being sued for giving flexibility that the user negotiated for before suing for being given the requested flexibility? Maybe larding in some unnecessary FTC and US DOJ letters and lawsuits will help?
Jeez… hope some lawyers somewhere make bank on this. The weather vaning parties (and by extension taxpayers and truckers) sure aren’t gaining anything here.
Just ship meter product than last year and be done with it.