CARB Loses Court Ruling Over Safety Concerns of Truck & Bus Regulation
Alliance for California Business Press Release
On November 28, 2014, a truck cab suddenly caught fire on Highway 101 in Los Angeles. The following day, onlookers at a truck stop in Natomas watched as flames from a parked burning big rig truck cab spread to two adjoining trucks, destroying all three vehicles. One day later, at a fueling station in Dunnigan, another big rig truck cab burst into flames, resulting in the vehicle’s total loss and subsequent shutdown of the fueling station itself – fortunately without injury or loss of life.
As the CARB regulation requiring trucks to be equipped with a Diesel Particulate Filter (DPF) takes root in the state of California, the truck fires are continuing. The Alliance for California Business (ACB), in its ongoing lawsuit against the California Air Resources Board (CARB), has pointed out that fires such as these are becoming increasingly common and correlates to the increased presence of DPF’s on the roads of this state. (See Attached Photos and List of Fires tracked by ACB and presented to the Court in its recent motion.) California truck drivers must not be forced to choose between putting an unsafe vehicle on the road, on the one hand, and avoiding CARB penalties for not having a DPF device on the truck, on the other.
On January 5, 2015, the Glenn County Superior Court decided that this is not – as CARB puts it – a “red herring” but rather an issue that goes to the legality of the CARB Truck and Bus Regulation requiring DPF devices.
On January 5, 2015, the Glenn County Superior Court decided that this is not – as CARB puts it – a “red herring” but rather an issue that goes to the legality of the CARB Truck and Bus Regulation requiring DPF devices.
In an order signed Monday overruling an attempt by CARB to have the ACB’s lawsuit thrown out on technical grounds, Judge Peter Twede stated that “[t]he Court cannot agree with or accept CARB’s summary rejection of the [complaint’s] … claim for declaratory relief as a red herring.” Judge Twede went on to state that “ACB’s challenge to CARB’s retrofit and upgrade requirement on the grounds that it places truck owners and drivers in violation of public safety laws reflects a standard challenge to a regulation’s legality: that the regulation conflicts with a statute enacted pursuant to the Legislature’s general police power for the public health and safety.”
Monday’s decision resonated strongly with the members of the ACB. “We’re happy to hear that the Court listened to our concerns and took us seriously,” explained Bud Caldwell, ACB’s President. “Not only is this positive momentum for the Alliance, but we feel that we are one step closer to protecting thousands of Californians by putting safety first.”
This decision is a crucial victory for ACB, and allows the small non-profit to proceed in its lawsuit against CARB, in which the ACB seeks to enjoin CARB from enforcing the DPF requirement. The next court date in this litigation will take place this Friday, January 9, 2015 at 1:00 p.m. in Glenn County Superior Court in Willows, during which the Court will conduct a hearing on whether to enjoin CARB from enforcing the DPF requirement while this litigation over the safety of the DPF device continues in the courts. Members of the public are encouraged to attend to show your support for this important issue for all Californians.
Any persons having problems or questions regarding DPF devices should please contact Steve Caldwell, allianceforca@gmail.com or at (530) 342-6511.
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