California Agrees to Repeal Electric Truck Mandate in Legal Settlement

California agreed to repeal “Advanced Clean Fleet” electric vehicle (EV) truck mandates late on Monday through a lawsuit settlement, with the state now no longer enforcing a 2036 mandate where only zero-emissions trucks will be sold in California and a rule where all truck and bus fleets must be zero-emissions by 2045.

“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,” said Nebraska Attorney General Mike Hilgers on Monday. “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.”

“Our truckers don’t need California bureaucrats forcing electric vehicles into their fleets,” added Nebraska Governor Jim Pillen.

The repeals were made by California following a year-long legal battle with Nebraska and 16 others states over the Advanced Clean Fleet rules. The lawsuit dates back to 2023, when the California Air Resources Board (CARB) announced that the sale of all new diesel big rig trucks and buses will be banned in the state of California starting in 2036, similar to the state’s new gas-powered car sale ban that is currently set for 2035. In addition to the 2036 sales ban on new diesel trucks and buses, CARB also announced that all trucks in California must be zero-emissions by 2042. Under these new regulations,  known as the Advanced Clean Fleets rule, CARB aimed to achieve a total zero-emissions truck and bus fleet by 2045, as well as have at least 1.6 million zero-emission medium- and heavy-duty trucks operating in the state by 2048.

These new rules were met with heavy opposition. In October 2023, the California Trucking Association (CTA) sued the state over the Advanced Clean Fleet rules. CARB subsequently agreed to pause enforcement of the ruling pending approval of an EPA waiver. That’s when other states began to grow upset. As some of the deadlines, including the 2027 deadline where all medium- and heavy-duty vehicles acquired by state and local governments must be emissions free, came into view, states found that California could have more power over national usage. As 30% of all U.S. vehicle imports come through California ports, California’s electric trucking mandates mean that they impact and would be imposed on the entire country as well.

California withdraws on trucking mandates

This led to a May 2024 lawsuit announcement by Nebraska and 16 other states backing Nebraska up. The suit, filed in the Eastern District of California, charged both CARB Executive Officer Dr. Steven Cliff and California Attorney General Rob Bonta that the Advanced Clean Fleet regulations would go over federal law, disrupt supply chains across the country, not be able to handle higher payload capacities, and would harm all states that didn’t have such mandates since so many trucking routes were California based. In addition to Nebraska, the attorneys general of Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming, as well as the Arizona state legislature, all joined in against the California mandates.

The suit, State of Nebraska v. Cliff, stayed in the court system for a year. While some progress was made, it wasn’t until recent weeks when California began to get shaky over their car and truck mandates that things began to change. Late last week, the House of Representatives voted to end an EPA waiver that approved of California’s 2035 car sales ban mandate. With the waiver, and subsequently, the 2035 mandate, now in severe danger federally, California began to falter even further, leading to the repeal of the truck mandates late on Monday.

In the repeal settlement, CARB and other state groups are to now begin the process of ending the mandates. They also noted that they could not move forward with their 2036 gas truck sales ban unless they get an EPA waiver like the 2035 gas car sales ban mandate received. It should be noted that a waiver being granted now would be highly unlikely, given the 2035 mandate is now in the process of being reversed by Congress and the Trump Administration.

As of Tuesday afternoon, Bonta, CARB, nor California Governor Gavin Newsom have responded to the state repealing the mandates. The Globe contacted AG Bonta and CARB, however neither responded yet. We will update the article when they do.

Many truckers and trucking groups in California and around the country have breathed a sigh of relief at the end of the mandates.

“The trucking industry and American consumers can breathe a collective sigh of relief today after CARB finally bowed to reality and shelved its job-killing Advanced Clean Fleets regulation,” added American Trucking Associations President and CEO Chris Spear in a statement. “This unachievable mandate would have raised costs and caused disruption throughout our supply chain without delivering the promised environmental benefits.”

All eyes are now on the 2035 mandate EPA waiver currently being challenged in Congress, with the truck ban repeals giving a stronger indication that it is now in greater danger of being axed.