The Owner-Operator Independent Drivers Association will appeal a recent court order dismissing its lawsuit against the California Air Resources Board.

The association’s original lawsuit, on behalf of its small-business trucking members, was filed against CARB in December of last year in the U.S. District Court, Eastern District of California, in connection with the agency’s truck and bus regulations.

The court dismissed the lawsuit in late October saying that OOIDA failed to include the U.S. Environmental Protection Agency in the lawsuit as an “indispensable party” and that the court lacked jurisdiction over the challenge. The court said the EPA had approved CARB’s regulation as written, and whether or not they had the power to do so should be reviewed by a court of appeals.

OOIDA contends the CARB regulations violate the commerce vlause of the U.S. Constitution and that only Congress has the power to regulate interstate commerce. The commerce clause prohibits state laws and regulations that discriminate against interstate commerce or unduly burden interstate commerce. OOIDA is seeking an injunction, saying the regulations are unconstitutional and discriminates against out-of-state truckers.

OOIDA says that CARB regulations have caused, and will continue to cause, irreparable harm to truckers who have been shut out of the California market because of the costs of compliance.

CARB regulations that went into effect on the first of 2012 require 1996-2006 model year trucks more than 14,000 pounds to be replaced or retrofitted with particulate matter filters and prohibits older trucks that have not been replaced or retrofitted from operating on public roads in California.