The US Department of Justice (DOJ) announced the filing of suits against the California Air Resources Board (CARB). DOJ asked to intervene in cases pending in the Eastern District of California and the Northern District of Illinois to stop the CARB’s enforcement of “preempted emissions standards” under CARB’s “Clean Truck Partnership” with heavy-duty truck and engine manufacturers.

Separately, DOJ filed in the United States Court of Appeals for the Ninth Circuit “to address CARB’s rules for light-duty vehicles, which are also preempted.”

Pre-Emption Waivers Nullified
During the Biden administration, EPA issued “preemption waivers” to California that allowed CARB to impose limitation on heavy-duty trucks that are more stringent than federal standards. Congress nullified the waivers. DOJ has filed motions to intervene in cases pending in California and Illinois, asserting that without the waivers, the Clean Air Act “prohibits CARB from attempting to enforce those regulations.” DOJ alleges CARB, “in an affront to the rule of law,” is circumventing that prohibition “by enforcing the preempted emissions standards through the Clean Truck Partnership.”

In the 9th Circuit, DOJ filed motions to dismiss as moot two sets of cases where industry groups had challenged EPA’s preemption waivers for cars.  According to DOJ, those cases “are now moot because Congress’s joint resolutions nullified the controversial preemption waivers.”

To see DOJ’s press release, which contains links to the filings in California and Illinois District Courts Office of Public Affairs | Justice Department Sues California to End Enforcement of Unlawful Emissions Standards for Trucks | United States Department of Justice