California Construction Trucking Association (CCTA)

As we discussed last month, on November 15, we filed a motion for a preliminary injunction in federal court seeking to put the truck and bus regulation on hold, at least until the court can rule on our summary judgment motion. Our filing included a Notice of Motion and Motion for Preliminary Injunction, eight declarations, and a request for judicial notice. The request for judicial notice asks the court to take notice of both the initial statement of reasons from CARB and the final statement of reasons.

CARB filed an opposition to our motion along with a host of declarations. NRDC filed an opposition as well, along with a declaration lodging various amendments to the rule and staff reports. In addition, both CARB and NRDC raised objections to many of our declarations.

The oppositions are interesting. CARB tries to fit the rule within the F4A safety exception, which is not likely to pass muster as that “dog won’t hunt” in our opinion. NRDC taking our analysis seriously raises the issue about the potential conflict between F4A and the federal Clean Air Act.

While there maybe a possibility that the federal regulations can be harmonized, i.e., clean the air as much as CARB wants, just not on the backs of small businesses and motor carriers in a way that has total disregard for the effects of such regulations on motor carriers price, routes and services.

CDTOA’s legal group filed a joint reply (replying to both oppositions) making these arguments, as well as a response to the objections, and some amended declarations. We also learned that the court will not be taking oral testimony at the hearing on December 15, so no witnesses are required to appear.

The hearing is set for December 15, 2011. We will keep you informed!