Lincoln, NE—Attorney General Mike Hilgers announced that California has agreed to repeal its electric-truck mandates that reach well beyond California’s borders. This amounts to a significant victory in Nebraska’s three-front battle against these shortsighted and damaging mandates.
Nebraska led a coalition of 17 states and the Nebraska Trucking Association in challenging a suite of California regulations called Advanced Clean Fleets in the Eastern District of California. Among other things, Advanced Clean Fleets would have required certain trucking companies to retire internal-combustion trucks and transition to more expensive and less efficient electric trucks. The rule targeted any fleet that operated in California regardless of where the fleet is headquartered. Given California’s large population and access to international ports, this rule would have had nationwide effects on the supply chain. In the settlement announced today, however, California has agreed not to enforce the rule and to outright repeal it.
“The tide is starting to turn, as California has agreed to take the necessary steps to withdraw the Advanced Clean Fleets Rule. This settlement is a huge win for everyone in Nebraska, from our outstanding logistics industry that is critical to the Nebraska economy, for consumers who would have faced higher prices, and for the rule of law. I am grateful for the strong coalition of sister states who joined our fight against this radical mandate,” stated Attorney General Mike Hilgers.
As part of the settlement, California regulators pledged to commence rulemaking proceedings to formally scrub the rule from the books. California regulators also conceded that they cannot enforce California’s 2036 ban on the sale of internal-combustion trucks unless and until the ban receives a Clean Air Act preemption waiver from the U.S. Environmental Protection Agency. Previously, Attorney General Hilgers led a 24-state coalition in successfully opposing California’s request for a waiver.
In addition to Attorney General Hilgers, attorneys general from the following states joined the lawsuit against California regulators: Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming. Also joining the lawsuit were the Nebraska Trucking Association and the Arizona State Legislature.