North Dakota, Other Attorneys General Challenge California Regulation on Big Trucks

Trucks drive down the New Jersey Turnpike in Elizabeth, New Jersey. (Photo by Mario Tama/Getty Images via the North Dakota Monitor)

(North Dakota Monitor) — Nebraska and 23 other Republican-led states including North Dakota asked the U.S. Environmental Protection Agency on Monday to block a push by Democratic-led California to require more trucks used for transporting goods to reduce carbon emissions.

Nebraska Attorney General Mike Hilgers, who led the effort, argued in a letter that California is overstepping its authority and risks harming commerce beyond its borders. He and the other attorneys general wrote that forcing a shift from diesel fuel to electric energy could lead to higher prices for food, fuel and more consumer goods.

“California lacks the legal authority to export its electric truck mandate to the rest of the country,” the letter says. “Granting this waiver would be unconstitutional because it would allow California to regulate motor vehicles in a manner that no other state can.”

The letter was signed by leaders in Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.

Federal waiver needed

California needs a federal waiver from the EPA to enforce stricter emissions standards on medium-duty and heavy-duty trucks because the federal Clean Air Act prevents most states from setting individual standards without a waiver.

The Golden State has long been a national trendsetter for vehicle emissions. For decades, Republican and Democratic presidential administrations and the EPA have let California set its own standards to address air quality.

The Biden administration, which has prioritized fighting climate change, could be inclined to approve the change. The same states have sued separately to stop the waiver if the EPA grants it.

The attorneys general said giving California influence over fleet trucks would raise the costs of logistics and business far beyond the state’s borders. They argued it would violate the separate and equal sovereignty of the states.

Rural states face risks

Hilgers, like many of his farm-state peers, argued in the letter that biofuels risk being harmed. Rural elected officials have argued that requiring electric vehicles doesn’t work in their regions because they lack the charging infrastructure.

The AGs also argued rural states would be disproportionately affected by the resulting higher costs for traditional trucks and trucking, which they say would follow a zero-emissions mandate.

The attorneys also argued that a 1994 federal law governing the Federal Aviation Administration prohibits states from regulating prices, routes and services of motor carriers. The letter argues that the California regulation would do so.

California said in its waiver application that it needs to regulate trucking emissions to curb smog and improve air quality and public health, as well as meet state goals of combating climate change by transitioning to alternate energy sources.

The application argues the pollutants from diesel vehicles are disproportionately damaging air quality in disadvantaged neighborhoods located near ports and highways.

California’s Advanced Clean Fleets regulation would require all medium- and heavy-duty truck fleets in the state to be zero-emission by 2045 and by 2035 for the heaviest duty trucks, including those that transport goods from shipyards to rail yards.

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