Description: Lawsuit seeking to block implementation of a South Coast Air Quality Management District rule imposing compliance obligations on warehouses based on the number, type, and emission characteristics of trucks that visit the warehouse facilities.
California Trucking Association v. South Coast Air Quality Management District
Filing Date Type File Action Taken Summary 08/05/2021 Complaint Download Complaint filed. Lawsuit Alleged that Air Quality Management District’s Rule Was Unlawful Regulation of Truck Emissions. California Trucking Association (CTA) filed a lawsuit in federal court in California seeking to block implementation of a rule adopted by the South Coast Air Quality Management District (SCAQMD). CTA alleged the rule was intended “to control mobile source emissions by imposing preempted [zero emission or near zero emission (ZE/NZE)] emissions standards on medium to heavy-duty trucks used at warehouses, backed by the threat of economic sanctions styled as a mitigation fee.” The complaint alleged that the rule imposed compliance obligations on warehouses based on the number, type, and emission characteristics of trucks that visit the warehouse facilities. CTA said SCAQMD had styled the rule as a lawful indirect source review rule but that it was “not truly concerned with indirect sources” such as vehicle trips by workers traveling to and from warehouse, construction equipment used to construct new warehouses, or direct emissions from warehouses. Instead, CTA alleged, the rule was “entirely about the trucks” and was therefore preempted by the Clean Air Act and the Federal Aviation Administration Authorization Act of 1994. CTA also alleged that the rule violated state air laws and constituted an unlawful tax.