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

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.

More Stories

Best 9 Box Truck Business Ideas for 2024

The entrepreneurial spirit thrives on innovation, finding niche markets, and capitalizing on trends. For those with a sense of adventure and a box truck at their disposal, a world of business opportunities await. Box trucks, given their spacious interiors and versatility, serve as ideal platforms for numerous ventures. Here, we delve into the best 9 […]

Thang Truong
Thang Truong

Top 9 Grants for Trucking Businesses in 2023

Trucking continues to be a robust sector, weathering global challenges like the COVID-19 pandemic. The surge in demand for goods transportation, fueled by businesses and individuals, puts trucking companies in a key position for growth. If you’ve considered launching a trucking business, there are trucking grants available that can help kickstart your venture. Understanding Trucking […]

Thang Truong
Thang Truong

Milepost Joins Truckstop: A New Dawn for Commercial Truck Insurance

The trucking industry is about to witness a significant shift in how insurance policies are procured, managed, and serviced. Milepost Insurance Agency LLC, a renowned Berkshire Hathaway enterprise, has recently collaborated with Truckstop, thereby pioneering a new era in trucking insurance for independent owner-operators. Revolutionizing the Insurance Experience The primary aim behind this dynamic partnership […]

Thang Truong
Thang Truong

Escalating Costs in Trucking Litigation: Navigating the Crisis

The American trucking industry, a crucial cog in the nation’s economy, is currently navigating treacherous waters. Over the past decade, the landscape of trucking litigation has seen a tumultuous shift, with settlement amounts and jury awards skyrocketing to unprecedented levels. This alarming trend, intensified by evolving legal tactics and the ripple effects on insurance, threatens […]

Thang Truong
Thang Truong

The Nuances of Fleet Insurance Policies in Employment Contracts

Truck fleet insurance policies offer comprehensive coverage to designated groups such as employees. However, challenges surface when an employee’s eligibility for this coverage changes mid-employment. A recent case in the Canadian Industrial Relations Board, Lewis v. Whiteline Trucking, delves into the intricacies surrounding this situation and sets a precedent for employers and their contractual obligations. […]

Thang Truong
Thang Truong

Trucking Industry Facing Increased Claims Amid Economic Strains

The trucking industry is grappling with a rise in fire and theft claims amidst economic strains, higher insurance costs, fuel prices, and driver shortages. This unsettling trend, reminiscent of past recessions, raises concerns over fraud and foul play, as well as the challenges in risk mitigation and claim adjustments. The insights of Stacy Bradshaw, the […]

Thang Truong
Thang Truong

A Cross-State Battle: How California’s Emissions Standards Impact Pennsylvania’s Trucking Industry

The story of Brian Wanner and his family-run trucking company, Peters Brothers, Inc., reveals a complex struggle between state regulations, business interests, and environmental considerations. Located in Pennsylvania, Peters Brothers is facing challenges from California’s stringent emissions regulations due to a decades-old rule that required Pennsylvania to comply with California’s standards. Here’s how this legislation […]

Thang Truong
Thang Truong

Regulatory Changes and Rising Commercial Truck Insurance Costs in California

In the wake of the passing of California’s AB5 bill, the trucking industry, including drivers and insurers, face unforeseen challenges. The legislation threatens to severely disrupt contractual trucking gigs, leading to rising insurance costs and potential operational changes. AB5 – A Potential Setback for Owner-Operators AB5, signed into law by Governor Gavin Newsom in 2019, […]

Thang Truong
Thang Truong

Navigating the Freight Recession: The Impact on Trucking Insurance

The trucking industry has faced a rollercoaster ride, booming during the early stages of the COVID-19 pandemic and then entering a downturn that some believe has evolved into a freight recession. This fluctuation has presented numerous challenges for carriers and has also left its mark on the insurance industry. This article explores the insights from […]

Thang Truong
Thang Truong

Navigating the Complexity of Insurance Coverage in Florida Truck Accident Cases

Understanding the nuances of insurance coverage is an integral component of personal injury cases, more so in truck accident lawsuits. In these cases, the complexity can intensify due to multiple stakeholders, including various insurance carriers. As Florida operates under a “no-fault” insurance system, comprehending its implications, the role of insurance companies, and how to navigate […]

Thang Truong
Thang Truong