6 minutes

Dennis Katsnelson

In an attempt to stop the California Air Resources Board's Advanced Clean Fleets rule, which would force motor carriers doing business in the state to convert their trucks to zero-emission models as early as next year, the California Trucking Association has filed a federal lawsuit. A preliminary and permanent injunction to prevent CARB from implementing or enforcing the policy "in any way" is requested by the lawsuit in the federal court.

The complaint targets federal law violations, such as infractions against the Federal Aviation Administration Authorization Act of 1994 and the Federal Clean Air Act, according to a note sent by CTA CEO Eric Sauer to its members.

"We did not want to go to litigation in order to get the industry to transition to zero emissions, but it was inevitable once it became apparent that CARB had an unrealistic expectation of what could be achieved with current infrastructure and technology," the CTA stated. "The agency broke several state and federal laws in the process, and as a result, CTA and several other organizations will take these matters up in court."

The lawsuit requests to "permanently enjoin enforcement of the ACF regulation," and it was submitted to the U.S. District Court for the Eastern District of California on October 16.

According to the lawsuit, the Advanced Clean Fleets rule consists of four main regulatory provisions: rules aimed at gradually introducing zero-emission vehicles into state and local government fleets; rules aimed at gradually introducing zero-emission vehicles into high-priority fleets; rules aimed at gradually introducing zero-emission vehicles into drayage fleets; and a mandate of selling only zero-emission vehicles starting in 2036.

The lawsuit claimed that CARB had disregarded what the US Supreme Court had declared to be Congress's carefully calibrated regulatory scheme, because the ACF regulation aims to transform not only the vehicles sold within California's borders, but virtually any vehicle that enters those borders.

Despite worries from several truckers that battery or fuel-cell electric trucks could not be accessible when needed or that an appropriate infrastructure for electric charging might not be ready in time, the CARB board adopted the policy on April 28. Depending on the size and kind of truck, CARB wants all fleets operating in the state to be all electric by 2035, 2040, or 2045.

The complaint said that since 2020, the country has come to understand the critical role the logistics sector plays in sustaining its economy and the pressures this sector faces when faced with uncertainty. "The California Air Resources Board promulgated the Advanced Clean Fleets regulation, which expands California's regulatory authority well beyond its borders and establishes such untenable mandates that CARB itself has already been forced to informally promise certain provisions will not be enforced, instead of providing an assurance of clear and compliant regulations."

According to the lawsuit, the trucking industry is being directly regulated by the Advanced Clean Fleets rule, which will have a significant influence on "prices, routes, and services in direct conflict with congressional policy."

Earlier, Boyle Transportation co-president and recently appointed chairman of the American Trucking Association Andrew Boyle runs the company with his brother, co-President Marc Boyle, which makes sense given that their family's motor carrier business, which was founded in Massachusetts, has always played a major role in their lives. "Most of our dinner table conversations revolved around trucking because we grew up in a home where our parents ran a trucking business," said Andrew, who was sworn in as the federation's 79th chairman on October 17.

"I hesitated for a while when asked to be chairman because I knew the responsibility that came with it," Andrew remarked. "But then I thought about the opportunities this industry has given me and, consequently, the opportunities we have created for others."

"The industry has such a vast capacity to create family-sustaining wages and job opportunities," he continued. That gives Marc and me a lot of motivation and inspiration. Being the chair of ATA is a chance to serve, not a mark of success.

After working in investment banking and management consulting for a while, Andrew and Marc returned to trucking and assumed leadership roles at Boyle Transportation approximately 20 years ago. When Andrew was a youngster, he worked weekends and summers for the family firm, which he claimed gave him a deep regard for the strong work ethic of the sector. Currently, the company primarily concentrates on its niche business of transporting freight nearly solely for the US military and businesses that produce life-saving medications.

Although it's a serious matter, Andrew Boyle enjoys a good time.

He declared, "We take our jobs very seriously." "We take the obligations we have very seriously. However, we don't think too highly of ourselves. As San Antonio Spurs coach and renowned philosopher Gregg Popovich says, "Get over yourself." For evidence, look no further than Andrew's football helmet on his desk. It could be a memento of his time while playing strong safety for the Bowdoin College Polar Bears.

Not at all. He smiled and remarked, "It's helpful to put it on when you're having trouble with trucking-related issues."

Now, he is getting ready to serve as ATA chairman for a year. In this capacity, he will visit trucking companies, attend industry conferences, give speeches in public, make guest appearances on television, and visit the US Capitol. He's already a mainstay on TV news, and he just gave testimony to Congress about the impact of electric vehicle regulations on the trucking industry.

"Policy positions all pretty much come back to the same fundamentals: ATA represents stakeholders that strive for the safe and efficient movement of goods throughout the country," said Andrew, adding that he has no predetermined agenda. Our sector must be economically and environmentally sustainable, and we must constantly convey the vital work we do and the wide range of career options available in the trucking business."

He's up to the challenge, according to many who know him.