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

FIRST ON FOX: A free market business group whose legal arm is led by two-time former U.S. Attorney General William Barr has filed a federal lawsuit against California over its climate regulations for phasing out diesel-powered heavy-duty vehicles.

The American Free Enterprise Chamber of Commerce – which was launched in 2022 to fight government regulations – filed the lawsuit this week in 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) regulations violate the federal Clean Air Act since the state never obtained a waiver from the U.S. Environmental Protection Agency to pursue the plan. Under the ACF rules, which kicked in this year, trucking companies must rapidly transition their fleets from diesel-powered to zero-emissions vehicles.

“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, told 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 meeting 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 further alleges the ACF regulations are preempted by the Energy Independence and Security Act and the Federal Aviation Administration Authorization Act. The former authorizes the federal government to set fuel economy standards and the latter seeks to preempt state trucking regulations with federal standards.

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CARB adopted the ACF, the most aggressive truck electrification plan of its kind anywhere in the nation, in April 2023.

The regulations require operators who manage short-haul tractor trailers, government fleets and “high priority” fleets to begin transitioning to zero-emissions vehicles this year. “High priority” fleets are those with more than 50 trucks or are managed by private companies with at least $50 million in revenue.

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

The new rules require fleets using drayage trucks – which are short-haul trucks that transport goods from ports and rail yards – to only buy zero-emissions alternatives starting this year and to fully be zero-emissions by 2035.

Fleets classified as “high priority” must either begin purchasing only zero-emissions vehicles this year or adhere to state targets, such as having a quarter of box trucks and vans to be zero-emissions by 2028.

And for fleets managed by state and local governments, 50% of heavy-duty vehicle purchases must be zero-emissions this year. That requirement increases to 100% by 2027.

Overall, the ACF requires all commercial truck sales for all fleets must be zero-emissions beginning 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 told 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 new truck sales in the U.S. are zero-emissions, according to the Truck and Engine Manufacturers Association. (Graham Hughes/Bloomberg via Getty Images/File)

He noted the higher costs and lower range of electric trucks, which currently represent a tiny share of new truck purchases nationwide.

In a statement to Fox News Digital, CARB spokesperson Kate Lamb said the agency doesn’t comment on pending litigation. However, she pointed to various figures showing the projected health and climate benefits of the ACF regulations.

“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 said.

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Bonta’s office didn’t respond to a request for comment.