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AED Challenges Regulatory Overreach

April 2, 2024 - National Edition #8
AED

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Associated Equipment Distributors (AED) filed suit in the United States District Court for the Eastern District of California challenging the California Air Resources Board's (CARB) "Advanced Clean Fleets" rulemaking.

AED is one of two plaintiffs in the legal action, along with the American Free Enterprise Chamber of Commerce (AmFree).

The suit challenges California's "Advanced Clean Fleets (ACF)" regulation. The ACF regulation requires fleet operators to phase out their internal-combustion trucks and replace them with zero-emission trucks, starting in 2024.

"AED members supply and service the equipment critical to our nation's construction, agriculture, forestry, industrial and energy sectors," said Brian P. McGuire, AED president and CEO. "We cannot sit on the sidelines as California exceeds its legal authority and businesses are forced to adopt products that aren't readily available in the marketplace."

Equipment dealers have expressed great concern with the rule, particularly as it relates to service and delivery trucks, as well as the cost increases and equipment delivery delays that will ensue. Technology is not ready, the charging infrastructure does not exist and the availability, reliability and cost of zero-emission trucks are a significant burden. Most importantly, CARB has exceeded its legal authority in promulgating the ACF mandate.

The rule will have ramifications across the country, as well as internationally. A carve out in the Clean Air Act allows California to not only adopt environmental rules more stringent than the federal government, but also permits others states to emulate the Golden State. There are many jurisdictions eager to imitate the Advanced Clean Fleets rule and other similar California mandates. Consequently, this suit is critical to both cease illegal regulatory overreach in California and to prevent it from proliferating across the country, and North America.

Click here to view the full filed complaint.


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