American Trucking Under Threat: Legal Action Against Regulatory Overreach

Thang Truong
Thang Truong
Updated on:

It’s a stark reality that the lifeblood of America, the trucking industry, is on the brink of a regulatory revolution that could potentially derail its operational effectiveness. A workforce marked by diligence and sheer grit, truckers are the cornerstone of our logistics network, ceaselessly delivering the essentials we require, be it food, clothing, or other necessities. Yet, instead of receiving the backing they rightfully deserve, these stalwart men and women are being made the targets of President Joe Biden’s intensifying climate action crusade. This includes a high-stakes gambit that compels them to transition to electric trucks, thereby substantially upending their established norms.

An Unjust Demand and the Fightback

Under the Biden administration, the Environmental Protection Agency (EPA) and the state of California have been pushing their climate change policies onto the trucking industry, with questionable legal justification. This aggressive agenda, which essentially strong-arms truckers into compliance, has met with strong opposition. In retaliation, 19 state attorneys general, including myself, are now challenging this policy in court.

The Threat to Iowa’s Trucking Industry

The Iowa trucking sector employs approximately 100,000 Iowans, accounting for roughly one in every 13 workers in the state. The current administration’s unjust truck ban poses a direct threat to this industry and has consequently put the livelihoods of countless hard-working individuals in jeopardy. The imposed rules not only undermine the national biofuels industry but also unfairly tilt the scales in favor of California, setting it up to become a major decision-maker in the trucking sphere.

The Unconstitutional Extension of California’s Emission Standards

In March, the Biden-led EPA overstepped its constitutional bounds by enabling California to establish its own stringent truck emissions standards. These standards far surpass national regulations and effectively outlaw the sale of gas or diesel trucks, thereby forcing an unsustainable shift towards electric trucks.

The Ripple Effects of California’s Truck Ban

California’s policy dictates that 55% of small trucks and delivery vans, 75% of larger trucks and buses, and 40% of big rigs and tractor-trailers be completely electric by 2035. This trajectory culminates in an outright ban on gas and diesel trucks sales in California by 2045. However, the real issue at hand extends beyond California’s borders. Thanks to the waiver granted by the Biden administration, California’s standards are poised to reshape the trucking industry across America.

The Unfair Market Shift and Nationwide Acceptance

Given California’s economic clout, its stringent emissions standards have an outsize influence on the national trucking industry. This has forced states to adapt to California’s zero-emission standards to remain competitive. This, in turn, drives truck manufacturers to raise prices on gas and diesel vehicles to deter purchases. With eight states already adopting California’s all-encompassing truck ban, and three more set to follow, the potential impact of this regulation is formidable.

The Constitutional Quandary

Nowhere in the U.S. Constitution is it stated that one state—California, in this case—can dictate regulatory standards for the entire nation. In contrast, the Constitution mandates equal sovereignty among states. This means that no single state should have the special privilege to establish regulations for all others. The legal justification used by the EPA for the waiver is, therefore, constitutionally questionable as it violates this principle of equal sovereignty.

The Repercussions on Rural America and the Trucking Industry

The truck ban will leave rural America high and dry. The scarcity of charging stations and shorter range of electric trucks will disrupt supply chains, especially in the countryside. Additionally, despite being significantly more costly and less efficient, electric trucks are being promoted. The underprepared power grid also complicates matters further, as it cannot sustain the sudden surge in electric vehicle usage.

The Struggling Trucking Industry

The trucking industry, which is already grappling with operational cost hikes, escalating fuel prices, and a driver shortage, faces the grim prospect of having to lay off workers and make other difficult decisions. The exorbitantly expensive regulations and the relentless push towards electric trucks risk driving the industry into the ground.As state attorneys general, we refuse to sit idle while the Biden administration and California attempt to impose their radical climate policies and regulate truckers out of existence. Our lawsuit aims to halt the California truck ban and safeguard the rights and livelihoods of our truckers.

In conclusion, the unprecedented challenges currently faced by the trucking industry should serve as a call to action for all of us. The unwarranted imposition of stringent emissions standards, escalating operational costs, and regulatory overreach threaten to derail this vital industry. The resilient spirit of American truckers and the mounting legal resistance against this unjust regulation are the glimmers of hope in these trying times. As this battle continues, it is paramount to remember that protecting our trucking industry is not just about preserving jobs and livelihoods. It is about safeguarding the logistical backbone of our nation and ensuring the uninterrupted flow of goods and services that we often take for granted.

Thang Truong

Thang Truong covers small business insurance and small business success at BravoPolicy. He is a licensed P&C insurance agent. Previously, he held product leadership positions at realtor.com, Capital One, NerdWallet, and Mulberry Technology. He holds a MBA degree from UC Berkeley - Haas School of Business.

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