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April 2, 2024
For Immediate Release
Des Moines, IA.
Today the American Free Enterprise Chamber of Commerce (AmFree Chamber) and Associated Equipment Distributors (AED) filed suit challenging California’s “Advanced Clean Fleets (ACF)” regulation. The ACF regulation requires fleet operators to phase out their internal-combustion trucks and replace them with battery-electric trucks, starting in 2024.
“The ability to move people and products reliably and affordably is foundational to free enterprise and a functioning marketplace that serves American consumers. The attempt currently underway by the State of California to ban liquid fuels and internal combustion engines is a major threat to the American way of life and terrible climate policy to boot,” said Gentry Collins, AmFree Chamber CEO.
California’s mandate is not just unworkable, it is a power grab that seeks to regulate out-of-state truck fleets if they so much as cross the state line even once per year. It applies to fleets of moderate or large size, even if most of their vehicles operate outside of California or their income is earned elsewhere.
“AED members supply and service the equipment critical to our nation’s construction, agriculture, forestry, industrial and energy sectors,” said Brian P. McGuire, AED’s President & 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.”
As the complaint explains, ACF is illegal. California has not obtained a waiver of Clean Air Act preemption from EPA, and the rule is separately preempted by the Energy Independence and Security Act of 2007 and by the Federal Aviation Administration Authorization Act.
California cannot adopt emissions policy for trucks without first obtaining approval from the federal government under the Clean Air Act. It has not, and cannot, secure that approval. California, however, falsely claims it does not require federal approval.
California effectively seeks to unlawfully second-guess the “maximum feasible” fuel-consumption standard that is set by the U.S. Department of Transportation.
California’s rule will unlawfully distort vehicle rates and routes, in violation of federal law promoting a free, competitive market for trucks.
The suit was filed U.S. District Court for the Eastern District of California. The complaint can be found here: https://boydengray.com/wp-content/uploads/2024/04/AmFree-v-Cliff-Complaint.pdf
About AmFree Chamber
The American Free Enterprise Chamber of Commerce (AmFree Chamber) is a trade organization representing American businesses of all sizes in all 50 states. It is dedicated to advancing the principles of free enterprise, free markets, limited government, and American leadership globally. AmFree Chamber is chaired by the Honorable Terry E. Branstad, who previously served as Ambassador to China and was the longest serving Governor in American history.
AmFree Chamber’s Center for Legal Action focuses on combatting administrative overregulation both through agency proceedings and in litigation and is chaired by two-time former U.S. Attorney General William P. Barr.
AmFree Chamber has members representing dozens of industries and from across the United States. Since its founding in 2022, AmFree Chamber has aggressively represented its members’ interests through legislative outreach, regulatory comments, and judicial briefing.
About Associated Equipment Distributors (AED)
AED is the international trade association representing companies that sell, rent, service and manufacture construction, farm, mining, energy, forestry, and industrial equipment. Its nearly 600 distributor members, which are predominantly small-medium-sized, family-owned businesses, have over 6,800 locations, employ 140,000 workers and account for more than $90 billion of annual sales revenue in the United States and its territories. AED also has 300 non-distributor members, which include equipment manufacturers and industry service providers.