Overview

• On August 15, the Justice Department filed two lawsuits and motions to intervene in cases in the Eastern District of California and Northern District of Illinois to block CARB’s enforcement of its voluntary Clean Truck Partnership
• Major manufacturers Daimler, Volvo, PACCAR and International Motors sued the California Air Resources Board on August 14, seeking a declaratory judgment and injunction against the state’s heavy-duty truck emissions rules
• The legal filings stem from June’s Congressional Review Act resolutions signed by President Trump, which rescinded EPA waivers under Section 209 of the Clean Air Act and nullified California’s formal authority to set stricter standards
• This week the Federal Trade Commission closed its antitrust investigation into the Clean Truck Partnership, declaring its output restrictions that compelled zero-emission engine production unenforceable
• Federal judges will now determine whether California’s voluntary agreement can proceed without federal waivers or if federal preemption bars the state from enforcing its zero-emission truck standards