State attorneys in California are making moves to dismiss parts of a lawsuit that has been brought against the Air Resources Board by the Owner-Operator Independent Drivers Association. That business litigation is challenging emissions regulations, arguing that the board's Truck and Bus Rule is unconstitutional. The state's attorney general is seeking dismissal of several components of the case, arguing that OOIDA is suing two of the defendants for personal reasons rather than actions related to their official duties.
The original OOIDA suit was filed in early December 2013. That business dispute argues that emissions regulations in the state are too costly to truck owners. Further, those rules have reportedly not been proven to be beneficial, and OOIDA asserts that they even violate constitutional commerce protections. As a consequence, OOIDA has filed a business litigation suit on behalf of its members, arguing that the California court should put a hold on required implementation of Truck and Bus Rule provisions.
This is not the only business litigation that is currently pending against the California Air Resources Board. CARB is also being sued by the Alliance for California businesses because it failed to provide adequate information about replacement risks for diesel particulate filters. That replacement program requires all large trucks with pre-2007 engines to be retrofitted with the new equipment, though the new parts do have some dangerous components.
State and federal governments do not have the rights to unfairly limit businesses from seeking profit-making opportunities. In this case, CARB may have gone too far with its unreasonable regulations. Business and commercial attorneys may be able to help other industry groups who believe their rights are being violated by unfair requirements.
Source: Overdrive, "California files motion to dismiss part of OOIDA’s lawsuit against emissions regs" James Jaillet, Feb. 13, 2014