Specialty Equipment Market Association & Performance Racing, Inc. v. California Air Resources Board

A new lawsuit challenging California’s Advanced Clean Fleets Regulations was filed in the federal district court for the Eastern District of California by two trade groups. One trade group represents companies in the “specialty automotive aftermarket industry”; the other represents companies that manufacture, distribute, and use “work trucks.” The trade groups contend that the suit is ripe even though the California Air Resources Board (CARB) has announced an enforcement stay. They assert that the Clean Air Act and Federal Aviation Administration Authorization Act of 1994 preempt the regulations, that the regulations violate the dormant Commerce Clause, that the regulations violate a state law barring CARB from banning an entire category of vehicle, and that they violate equal protection and due process under the U.S. and California constitutions.