Advanced Clean Trucks: A Controversial Shift

WASHINGTON — With the abolishment of the California’s Advanced Clean Trucks rules, reactions are pouring in — both in support of the move and from those against it.

U.S. Senator Alex Padilla (D-Calif.)

Padilla, Ranking Member of the Senate Committee on Rules and Administration and a member of the Senate Environment and Public Works Committee, blasted Republicans for their “shortsighted revocation of California’s clean air waivers by overruling the nonpartisan Senate Parliamentarian’s decision and going nuclear on the Senate rulebook.”

He noted that Republicans defied their own promises and broke 30 years of precedent by moving forward with their cynical repeal of California’s Clean Air Act waivers with a 50-vote threshold under the Congressional Review Act (CRA), bypassing the filibuster and its 60-vote requirement by overruling the Senate Parliamentarian.

“Over the last 24 hours, Trump and radical Republicans have gone nuclear on the Senate rulebook, stopping at nothing to attack California for protecting the health of my constituents, for having the audacity to lead the clean energy economy. California became the fourth-largest economy in the world by leaning in to the clean energy transition, and we’ve proved that what’s good for the planet and our air is good for business,” Padilla said. “By denying California the ability to control our own toxic air and greenhouse gas emissions, Republicans are threatening the public health, environment, and economy for millions of my constituents and people around the country. And let me be clear: California has not and cannot force our emission standards on any other state in the nation.”

Over the last few weeks, Padilla has spoken on the Senate floor repeatedly to sound the alarm on Senate Republicans’ revocations of these critical waivers, according to a press release from Padilla’s office.

“It’s not just why Republicans are undermining California’s climate leadership,” Padilla said. “It’s how they did it. Republicans are effectively saying that whenever the Parliamentarian rules against them, they can simply disregard her to bypass the filibuster and pass legislation on a simple majority vote. So no, this isn’t some one-off change to the rules — this is throwing out the rulebook entirely — all to please Donald Trump and the Big Oil lobby. If they can ignore the Parliamentarian here, then why not on an upcoming tax bill, or to gut health care, or to revoke lifesaving vaccine approvals?

“Republicans have crossed the red line and gone nuclear. As the saying goes, ‘what goes around comes around.’ And it won’t be long before Democrats are back in the driver’s seat again. When that happens, all bets will be off. Every agency action that Democrats don’t like — whether it’s a rule or not — will be fair game, from mining permits and fossil fuel projects to foreign affairs and tax policies.”

Padilla has been a leading voice in pushing back against Republican attacks on California’s Clean Air Act waivers, according to the release.

“We will not forget what happened here,” Padilla said. “History won’t forget. And California will not forget.”

American Trucking Associations

The American Trucking Associations (ATA) is calling the move a “monumental victory for the trucking industry, common sense and consumers everywhere.”

“California is the breeding ground of all bad public policy, and it’s long past time that our nation’s leadership in Washington stop abdicating its responsibility to unelected, cubicle-dwelling bureaucrats in Sacramento who have no understanding of the real world and how it works,” said Chris Spear, ATA president, CEO. “Today’s Senate action sends a resounding message nationwide that this is not the United States of California, nor will it ever be. We appreciate the leadership of President Trump, EPA Administration Zeldin, and leaders in Congress who listened to our concerns and acted decisively to reverse this destructive rulemaking, which would have decimated our industry and unleashed a torrent of economic pain on the American families and businesses that we serve.”

Last month, ATA sent a letter urging Republican congressional leaders in the House and Senate to vote on two resolutions that will undo damaging regulations set by California and prevent the Golden State from setting de facto national vehicle policies. The House has already adopted the resolutions, leaving the Senate as the final hurdle necessary to clear these measures for the President’s signature.

Advanced Clean Trucks (ACT) Regulation

The resolution that passed the Senate today was championed by Sen. Deb Fischer (R-Nebraska). It will revoke an EPA waiver that allowed California and other states to enforce its Advanced Clean Trucks (ACT) regulation. ACT, which has been adopted by 11 states, requires medium- and heavy-duty truck manufacturers to sell increasing percentages of zero-emission vehicles from 2024-2035.

Soon, the Senate is expected to advance another resolution championed by Sen. Markwayne Mullin (R-Oklahoma) that will revoke an EPA waiver that allowed California and other states to enforce its Low NOx Omnibus rule. This rule, which has been adopted by 10 states, imposes stringent emissions standards on new truck sales.

Both mandates are untethered from reality and would have been extraordinarily costly to fully implement. Even states that adopted the standards are acknowledging reality by scaling back and delaying implementation, according to the ATA

Trucks today produce 99% fewer nitrogen oxide (NOx) and particulate matter emissions than those on the road decades ago, and new trucks cut carbon emissions by over 40 percent compared to a truck manufactured in 2010. As a result, 60 of today’s trucks emit what just one truck did in 1988.

“Trucking is an industry of innovators. We don’t need government mandates to tell us how to reduce our environmental impact—we’ve been doing it for forty years with a record to show, all while moving an ever-increasing percentage of the goods that Americans expect and depend on every day,” Spear said.

California Air Resources Board

“California profoundly disagrees with today’s unconstitutional, illegal and foolish vote attempting to undermine critical clean air protections. It’s an assault on states’ rights the federal administration claims to support that puts national air quality standards out of reach and will have devastating effects for the 150 million Americans who breathe unhealthy air every day,” said Liane Randolph, CARB chair. “These actions are contrary to the text of the Congressional Review Act, as recognized by the nonpartisan U.S. Government Accountability Office and the Senate Parliamentarian. California will pursue every available remedy to challenge these actions and defend our right to protect the public from dangerous air pollution. Turning the clock back on both cleaner combustion engine requirements and zero-emission technology is an attack on clean air.

Randolph called the decision a “short-sighted political move” and “another strike against the long-term competitiveness of the U.S. auto industry in a global market that is rapidly advancing toward cleaner combustion technology as well as zero-emission vehicles.”

“These actions throw uncertainty into the middle of an ongoing vehicle certification process,” Randolph said. “Despite the market disruption brought on by the federal government, California remains steadfast in our commitment to work with manufacturers to keep moving toward a cleaner transportation system, and we will have more guidance in the coming days. With the determination, perseverance and innovation of Californians, we will overcome this misguided attempt to stand in the way of the fundamental right to breathe clean air.”

Owner-Operator Independent Drivers Association

“Setting national policy is the responsibility of Congress, not California,” said Todd Spencer, OOIDA president. “It’s no wonder small-business truckers have left the state in droves to find better opportunities elsewhere. For OOIDA members, vehicle reliability and affordability are critical. So far, there is no convincing evidence that electric commercial motor vehicles are a viable option for small-business truckers given the high costs and inadequate charging infrastructure. Additionally, CARB’s overreaching Omnibus NOx rules have already raised prices on new vehicles and increased maintenance costs for trucks currently on the road. OOIDA and our 150,000 members applaud the efforts by leaders in Congress to protect small-business truckers nationwide from California’s regulatory encroachments.”

CALSTART

“The passage of this sweeping legislation in the House is a significant setback for America’s clean transportation future and our global competitiveness,” said John Boesel, CALSTART president, CEO. “By dismantling key pro-manufacturing tax credits this bill jeopardizes more than $200 billion in private investments and threatens automotive related jobs in the United States.

Boesel said the tax credits have been instrumental in establishing a robust domestic supply chain, fostering innovation, and positioning the United States as a global leader in clean transportation.

“Repealing these measures not only undermines our economic growth but needlessly cedes ground to international competitors who are rapidly advancing in this space,” Boesel said. “This policy U-turn amounts to economic self-sabotage. We urge the Senate to reconsider the investment-crushing, job-killing implications of this bill and to prioritize forward-looking policies that support sustainable transportation, job creation, and American industrial leadership.”

Truckload Carrier Association

“As a founding member of the Clean Freight Coalition, TCA is pleased to share that the Senate has voted to repeal California’s Advanced Clean Trucks rule and the Heavy-Duty Low-NOx Omnibus rule, said David Heller, senior vice president of safety and governmental affairs at TCA. “This marks a significant victory for the industry as we continue to advocate for affordability, reliability, and achievable solutions for our nation’s fleets.

“The repeal of these poorly planned measures is a testament to the voice that our membership has provided and the resolve of our industry to tell our story. As a major issue during TCA’s 2024 Call-on-Washington, we emphasized the very notion that these rules would have been crippling to our nation’s supply chain and an obstacle to an industry that thrives on delivering a nation. Never underestimate the importance of the Truckload presence on Capitol Hill and our ability to have an impact. This is a great win.”

American Fuel & Petrochemical Manufacturers, American Petroleum Institute

The American Fuel & Petrochemical Manufacturers (AFPM) president and CEO Chet Thompson and American Petroleum Institute (API) president and CEO Mike Sommers issued a joint statement.

Natural Resources Defense Council

“For the first time, a sharply partisan Congress voted to abolish EPA safeguards against cancer-causing hazardous air pollution,” said John Walke, senior attorney and director of Federal Clean Air at the NRDC. “This unprecedented weakening of clean air protections will directly harm public health, leading to more cancer, birth defects, brain damage, and premature deaths. If the president signs the measure, over 1,800 industrial facilities nationwide can increase hazardous air pollution like lead, mercury, dioxins, PCBs, and arsenic, scale back pollution controls, and escape compliance with decades-old protections. We intend to reactivate our legal challenge to a 2020 Trump administration amnesty rule that allowed this retreat. We will fight for Americans’ right to clean air if the President and a narrow congressional majority will not.”

Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.

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