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California Dump Truckers Sue CARB to Overturn Emission Rule

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http://www.truckinginfo.com/news/news-print.asp?news_id=73012

Calling the regulation "overreaching," the California Dump Truck Owners Association has filed suit against the California Air Resources Board challenging the legality of board's Truck and Bus Regulation.

The lawsuit, California Dump Truck Owners Association v. Air Resources Board, was filed in the U.S. District Court, Eastern District of California, Sacramento Division, on February 11.


Specifically, CDTOA asserts that CARB's regulation is unconstitutional as it is preempted by the Federal Aviation Administration Authorization Act, and seeks an injunction prohibiting CARB from enforcing the rule.


CDTOA has attempted to work with CARB for more than four years to find reasonable solutions that accomplish the goal of cleaning California's air while avoiding the needless devastation of the state's trucking industry and specifically the dump truck industry, the group said in a press release.


The group says the dump truck industry is struggling with 50 percent unemployment and rampant construction price deflation in the state. It claims enforcement of the costly emissions rule will cause incalculable damage to the construction transportation industry.


CARB, the association says, has repeatedly refused to address the association's concerns. Left with no remaining option, CDTOA has decided to pursue a solution through the courts.


"Our members are experiencing the worst economic conditions in living memory and CARB continues to place impossible regulatory burdens on them at a time they can least afford it," says Lee Brown, executive director of CDTOA. "Our members support clean air, but the air we breathe can't be more important than the people that are breathing it."


Brown says the CARB regulations would adversely affect the truckers' business model by forcing premature retirement or replacement of otherwise perfectly good assets...
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