Former AG William Barr’s free market group sues California over EV truck mandate

FIRST ON FOX: A free market enterprise group whose authorized arm is led by two-time former U.S. Attorney General William Barr has filed a federal lawsuit in opposition to California over its local weather laws for phasing out diesel-powered heavy-duty autos.

The American Free Enterprise Chamber of Commerce – which was launched in 2022 to battle authorities laws – filed the lawsuit this week within the U.S. District Court for the Eastern District of California, naming California Attorney General Rob Bonta and California Air Resources Board (CARB) Executive Officer Steven Cliff as defendants.

AmFree Chamber and co-plaintiff Associated Equipment Distributors allege that California’s Advanced Clean Fleets (ACF) laws violate the federal Clean Air Act because the state by no means obtained a waiver from the U.S. Environmental Protection Agency to pursue the plan. Under the ACF guidelines, which kicked on this yr, trucking corporations should quickly transition their fleets from diesel-powered to zero-emissions autos.

“California’s attempt to effectively abolish the internal combustion engine by forcing Americans to buy EVs is not only illegal but a threat to our American free enterprise,” Barr, who chairs the advisory board at AmFree Chamber’s Center for Legal Action, instructed Fox News Digital. “This mandate is unlikely to produce any net reduction in carbon emissions, and even if it does, any benefit will be negligible in comparison to the massive costs these mandates impose on our economy and individual American families.”

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Former U.S. Attorney General William Barr speaks at a gathering of the Federalist Society on Sept. 20, 2022, in Washington, D.C. (Win McNamee/Getty Images)

“We filed this suit to protect Californians from government overreach and to ensure they have continued access to affordable, reliable and accessible fleets,” Barr added. “AmFree’s Center for Legal Action will continue to file state and federal suits that take on climate mandates that are only being implemented to move the liberal agenda forward but as a result have put a choke hold on our American economy.”

In addition to arguing that California violated the Clean Air Act, the lawsuit additional alleges the ACF laws are preempted by the Energy Independence and Security Act and the Federal Aviation Administration Authorization Act. The former authorizes the federal authorities to set gas financial system requirements and the latter seeks to preempt state trucking laws with federal requirements.

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CARB adopted the ACF, probably the most aggressive truck electrification plan of its type anyplace within the nation, in April 2023.

The laws require operators who handle short-haul tractor trailers, authorities fleets and “high priority” fleets to start transitioning to zero-emissions autos this yr. “High priority” fleets are these with greater than 50 vehicles or are managed by personal corporations with a minimum of $50 million in income.

State Attorney General Rob Bonta speaks at a information convention in Sacramento, California, on Feb. 23, 2022. (AP Photo/Rich Pedroncelli)

The new guidelines require fleets utilizing drayage vehicles – that are short-haul vehicles that transport items from ports and rail yards – to solely purchase zero-emissions alternate options beginning this yr and to totally be zero-emissions by 2035.

Fleets categorized as “high priority” should both start buying solely zero-emissions autos this yr or adhere to state targets, comparable to having 1 / 4 of field vehicles and vans to be zero-emissions by 2028.

And for fleets managed by state and native governments, 50% of professional quality automobile purchases should be zero-emissions this yr. That requirement will increase to 100% by 2027.

Overall, the ACF requires all business truck gross sales for all fleets should be zero-emissions starting in 2036.

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“If people want to buy electric vehicles, then they ought to be free to do so,” AmFree Chamber CEO Gentry Collins instructed Fox News Digital. “The substance of our complaint here is not about being opposed to EVs. The substance of our complaint is about being opposed to the mandates.”

Less than 1% of recent truck gross sales within the U.S. are zero-emissions, in accordance with the Truck and Engine Manufacturers Association. (Graham Hughes/Bloomberg by way of Getty Images/File)

He famous the upper prices and decrease vary of electrical vehicles, which presently signify a tiny share of recent truck purchases nationwide.

In an announcement to Fox News Digital, CARB spokesperson Kate Lamb mentioned the company does not touch upon pending litigation. However, she pointed to varied figures exhibiting the projected well being and local weather advantages of the ACF laws.

“While trucks represent only 6% of the vehicles on California’s roads, they account for over 35% of the state’s transportation-generated nitrogen oxide emissions and a quarter of the state’s on-road greenhouse gas emissions,” she mentioned.

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Bonta’s workplace did not reply to a request for remark.