California Agrees to Drop Electric-Truck Mandates in Legal Settlement

The settlement was disclosed in a new filing in federal court in California.
California Agrees to Drop Electric-Truck Mandates in Legal Settlement
Tesla Chairman and CEO Elon Musk steps out of the new "Semi" electric truck during the unveiling for buyers and journalists on Nov. 16, 2017, in Hawthorne, California, near Los Angeles. Veronique Dupont/AFP via Getty Images
Matthew Vadum
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State attorneys general suing California said on May 6 that the state has agreed, as part of a legal settlement, to repeal electric-truck mandates that would have compelled trucking companies nationwide to scrap internal-combustion trucks.

California wants to mandate 100 percent electric vehicles by 2036, and critics say that because of the size of the state’s economy, the largest in the country, the policy has the effect of forcing electrification of the nation’s trucks.

Given the influence of the state’s policies, several other states have already adopted its regulatory framework for motor vehicles.

California has said its policies on motor vehicles are needed to drive down demand for liquid fuel and help the climate.

The shift away from the truck mandate was articulated in an order in Nebraska v. Cliff that the U.S. District Court for the Eastern District of California docketed on May 5.

Lead Defendant Steven S. Cliff is the executive officer of the California Air Resources Board (CARB).

Nebraska, Oklahoma, and 15 other states had sued to challenge a group of California regulations known as Advanced Clean Fleets.

Those rules would have required some trucking companies that operate in California to retire their internal-combustion trucks and move to electric trucks, which they argued were more expensive and less efficient, Nebraska Attorney General Mike Hilgers said in a statement provided to The Epoch Times.

As part of the settlement, California regulators have agreed to begin rulemaking proceedings to rescind the electric truck mandate.

The regulators have acknowledged they cannot enforce the planned 2036 ban on the sale of internal-combustion trucks unless the ban receives a waiver from the U.S. Environmental Protection Agency under the federal Clean Air Act, Hilgers said.

“The tide is starting to turn, as California has agreed to take the necessary steps to withdraw the Advanced Clean Fleets Rule,” Hilgers said.

“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,” he said.

Oklahoma Attorney General Gentner Drummond said the settlement “is a victory for the free market.”

“The California mandates would have forced tremendous costs upon the commercial trucking industry and had far-reaching implications for consumers,” Drummond said in a statement provided to The Epoch Times.

The settlement described in the court order states that CARB staff will move forward with a proposal to repeal the relevant part of the Advanced Clean Fleets regulation before the board in a public hearing to be held not later than Oct. 31.

If the board approves the repeal, CARB staff will file a rulemaking action not later than Aug. 31, 2026.

California agrees not to enforce the mandate while awaiting CARB taking action.

The lawsuit will be held “in abeyance,” or delayed during the CARB rulemaking process.

The states will dismiss their legal complaint within 15 days after the repeal is finalized, the settlement states.

The Epoch Times reached out for comment to California Deputy Attorney General Elaine Meckenstock, who was part of California’s legal team in the lawsuit.

No reply was received by publication time.

Meanwhile, U.S. Supreme Court justices are currently considering whether to revive a lawsuit filed by energy companies that seek to challenge California’s tough vehicle emissions standards.

The case, Diamond Alternative Energy v. Environmental Protection Agency, was argued on April 23.

In April 2024, a federal appeals court found California had the authority to regulate tailpipe emissions.

That court also held that the energy companies bringing the legal action could not demonstrate that they had standing to sue.

Standing refers to the right of someone to sue in court. The parties must show a strong enough connection to the claim to justify their participation in a lawsuit.

The companies argued that they would suffer economic harm if California were allowed to continue imposing vehicle emissions standards that are more stringent than those mandated by the federal government.

The Supreme Court is expected to rule on the case by the end of June.