American Free Enterprise Chamber of Commerce v. Engine Manufacturers Association

American Free Enterprise Chamber of Commerce filed a lawsuit in the federal district court for the Northern District of Illinois asserting that the Clean Air Act preempted an agreement between the California Air Resources Board (CARB) and major manufacturers of heavy-duty vehicles and engines and trade group representing vehicle and engine manufacturers. The plaintiff described itself as representing businesses, including fleet owners and operators, that “are vitally interested in the preservation of free markets, free innovation, and the continued economic viability of the internal-combustion engine in our transportation sector, along with the economic growth and opportunities it enables.” It alleged that the CARB agreement “purportedly allows truck manufacturers limited relief from California’s intrusive and unlawful regulations for heavy-duty vehicles” in return for the manufacturers’ agreement to phase out sales of internal-combustion vehicles “regardless of what the law says or what their customers want.” The plaintiff mentioned a <a href="https://climatecasechart.com/case/nebraska-v-daimler-truck-north-america/">lawsuit</a> filed by Nebraska and other states challenging the agreement on antitrust grounds but asserted that regardless of whether the agreement violated state or federal antitrust law, it was prohibited by the Clean Air Act because California had not received preemption waivers for the heavy-duty vehicle standards and the agreement therefore was “an ‘attempt to enforce’ prohibited state standards.”