Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Court: CARB Can't Level Playing Field for Truck Emissions Compliance

A California judge has ruled that the California Air Resources Board erred in delaying the enforcement of stricter diesel emission rules for certain heavy-duty truck operators.

David Cullen
David Cullen[Former] Business/Washington Contributing Editor
Read David's Posts
June 10, 2016
Court: CARB Can't Level Playing Field for Truck Emissions Compliance

 

3 min to read


A California judge has ruled that the California Air Resources Board erred in delaying the enforcement of stricter diesel emission rules for certain heavy-duty truck operators. 

Ad Loading...

The ruling by the Superior Court of California’s Central Division sets aside delays amended to the state’s Truck and Bus clean-air rule by CARB in 2014, ostensibly to level the playing field between large and small truck operations. 

Ad Loading...

In a statement, CARB said those amendments “provide badly needed flexibility to smaller fleets (three trucks or less), lower-use vehicles including those operated by small farmers, and fleets in some rural areas.” 

The agency said it will immediately file an appeal, which “will maintain the status quo while the case makes its way through the higher courts.” CARB said that as the case makes its way through the Court of Appeal process, its statewide staff will continue to enforce the regulation and will cite those vehicles found to be out of compliance. 

“We strongly disagree with the court, and will file an appeal in all possible haste,” said Jack Kitowski, head of CARB’s Mobile Source Division, which is in charge of putting the regulation into effect on a daily basis. “We don’t want to see small fleets and farmers hurt by this decision.”

The lawsuit was filed by John R. Lawson Rack and Oil of Fresno and the California Trucking Association, which alleged that CARB did not follow the proper procedures of the Administrative Procedures Act and the California Environmental Quality Act in adopting the amendments. 

“This ruling confirms that CARB failed to properly consider the impact on business and the environment when it pulled the rug out from under thousands of compliant fleets by not enforcing the rules across the board, to all trucks on California roadways,” said Shawn Yadon, CEO of CTA. “This is an important ruling for all businesses operating in California because it supports the requirement that regulatory agencies must evaluate the economic impact of their actions.” 

Ad Loading...

“In 2014, said CARB Executive Officer Richard Corey, “we recognized the extreme economic pressures experienced by smaller trucking fleets and independent owners as they sought to comply by upgrading or purchasing new equipment. We responded by amending the regulation to make it more flexible for ‘the little guys’ to comply.  This court decision negates those amendments and deals a profound blow the smaller fleets, small farmers and independent owners.”

CTA’s Yadon told HDT that the lawsuit “was not about big carrier vs. small carrier.  CARB’s amendments picked winners and losers, with the losers being those operators and carriers who stepped up and complied with the rule, at great cost.

"Those compliant operators and carriers were then placed in an unfair competitive landscape alongside those who had not complied and had not stepped up and incurred those significant compliance costs,” he added.

Yadon noted that during CARB’s April, 2014 public hearing on amending the delays to the clean-air rule, truck operators and small trucking companies “detailed significant financial hardships to comply with the rule, and spoke in opposition to the amendments to allow non-compliant operators a competitive advantage in the marketplace. Upon hearing directly from operators/carriers about the economic impacts the amendments would create, CARB voted to approve the amendments without conducting the thorough economic impact analysis required under the California Administrative Procedures Act.”

Joe Rajkovacz, Director of Governmental Affairs and Communications for the Western States Trucking Association, which did not have a position on the case, told HDT that the decision was not unexpected. He said that WSTA was “responsible for helping create the flexibility options” and was “successful in politicking the board in 2014 for these compliance options.”

Ad Loading...

Rajkovacz said that an appeal of the ruling could take years. “One of the flexibility options (for small fleets) effectively expires on January 1, 2018,” he noted, “rendering any final decision potentially moot should the appeals court affirm the trial court’s decision.”

More Fleet Management

Brian Antonellis, senior vice president, fleet operations, Fleet Advantage.
Fleet Managementby Jack RobertsApril 17, 2026

HDT Q&A: Brian Antonellis on the Growing Need to Replace Old Trucks

Fleet Advantage's Brian Antonellis says it's time for fleets to get back to the fundamentals of good maintenance practices. And that includes replacing older, inefficient equipment.

Read More →
Illustration of computer and mobile screens with load matching software superimposed over photo of an oversize load
Fleet Managementby News/Media ReleaseApril 17, 2026

Truckstop.com Adding to Open Deck, Heavy Haul Offerings

Load matching for flatbed, lowbed, oversize and overweight loads can't be automated like basic van freight, but Truckstop.com is adding more high-tech tools to help.

Read More →
Trucker Path, Truckstop.com partnership expands.
Fleet Managementby News/Media ReleaseApril 14, 2026

Trucker Path, Truckstop.com Expand Load Access Partnership

An expanded Trucker Path and Truckstop.com integration brings more freight opportunities into the TruckLoads app while emphasizing security and network quality.

Read More →
Ad Loading...
DAT TVI March 2026.
Fleet Managementby News/Media ReleaseApril 14, 2026

Truckload Rates Hit Two-Year Highs as Diesel Costs Surge, DAT Says

Strong March freight demand combined with a spike in fuel costs pushed both spot and contract truckload rates to their highest levels in more than two years.

Read More →
Cloud computing concept background with human and robot hands concept
Fleet ManagementApril 14, 2026

The AI Conversation You Need to Have with Your TMS Provider

Everyone’s talking about AI — but is your transportation management system actually built for it?

Read More →
Sharp Transportation tractor-trailer
Fleet Managementby News/Media ReleaseApril 14, 2026

Kriska Buys Fellow Canadian Carrier Sharp Transportation Systems

Being part of KTG will allow Sharp to expand and improve its services.

Read More →
Ad Loading...
Illustration with stacks of money and a shattered car windshield
Fleet Managementby Deborah LockridgeApril 13, 2026

Bill in House Would Raise Minimum Insurance for Motor Carriers to $5 Million

The Fair Compensation for Truck Crash Victims Act would increase insurance requirements for interstate motor carriers by nearly seven times.

Read More →
FTR market report for February 2026.
Fleet Managementby News/Media ReleaseApril 10, 2026

FTR Trucking Conditions Index Hits Four-Year High in February

Strong freight rates push TCI to 10.2, but FTR expects fuel-price volatility to skew March results.

Read More →
C.H. Robinson intermodal.

C.H. Robinson Offers Carriers Relief as Diesel Prices Surge

C.H. Robinson is waiving fees on fuel cards and cash advances for April and May, aiming to help carriers offset rising diesel costs tied to geopolitical instability.

Read More →
Ad Loading...
Fleet Managementby StaffApril 8, 2026

What Trucking Events are Happening in 2026?

Looking for trucking-related conventions, expos, and other events? Heavy Duty Trucking has developed this list of national and larger regional trucking shows and events.

Read More →