California Dump Truck Owners Association (CDTOA) - California Construction Trucking Association (CCTA)

CIAQC Lobbies to Extend Reporting & Rule Implementation Date

Well the good news first. CARB has agreed to push out the Truck & Bus Regulation ‘reporting’ deadline from January 31 to March 30, 2012. The bad news is the rule is in-force and if you have 4 or more trucks and you have not done anything with your fleet (sell, retrofit, repower or buy new) to 30% of it, you are in trouble!

We are happy to introduce Rudy Navarrete as the new Regional Sales Manager for AADT and the Southern Membership Services Director for CCTA. Rudy’s first day on the job was Jan. 6. I believe that he will add an important dimension to our staff and his experience and connections will be invaluable to growing the association in a very diverse environment. I asked him to write his first article about himself, see page 23, CNT Magazine, Jan issue.

An industry in need of continued cooperation

Good News for our industry, AB 812 (Ma) a CalCIMA sponsored bill beginning 2014 that, “shall increase the allowable amount of recycled asphalt pavement (RAP) to 40% for hot mix asphalt mixes.” The bill passed out of committee unopposed on Jan. 9, with a 14-0 vote. Most importantly, there were 32 members at the hearing, representing 24 different companies including our own Betty Plowman that testified in support of the bill! It was a very impressive display. We believe the turnout quashed any thought of Caltrans opposition from legislators. The bill author Assembly member Pro Tem, Fiona Ma, was very thankful for the support – and she personally counted and thanked each person that testified. 

As the CARB Truck and Bus Regulation went into effect on schedule Jan. 1, there was an interesting resurgence of interest in our two legal actions to stop this regulation. On Jan. 26, I guess we will get to see whether or not the biased media can dissuade a federal judge enough to ignore pretty sound and settled federal legal precedents concerning preemption.

As we discussed last month, we filed a motion for a preliminary injunction in November and Brooks was present at the court hearing for this action on Dec. 15, 2011. Surprisingly, no formal order has been issued yet. 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. Although the judge indicated he was going to deny our motion for a preliminary injunction back on Dec. 15, 2011, again no formal order has been issued yet.  

It’s a good thing for EPA that Clarence Thomas never says anything at oral argument.

In the Sackett case argued before the Supreme Court on January 9, MSNBC reported… Justice Samuel Alito called the EPA’s actions “outrageous.” Justice Antonin Scalia noted the “high-handedness of the agency” in dealing with private property. Chief Justice John Roberts said that the EPA’s contention that the couple’s land is wetlands, something the couple disagrees with, would never be put to a test under current procedure…The justices will rule by summer.

That all their regulatory efforts have reduced pollution here in California by 99%!

CARB’s Mary Nicholas admitted in a letter dated November 23, 2011 to Rep. Darrell Issa that the agency (CARB), “has reduced smog-forming pollution emissions by over 99 percent.” So why is there such ongoing Draconian regulations, academic propaganda and NGO (NRDC, GP, EDF) lies about the quality of the air we breathe today, if all of this environmental regulations and costs is to eliminate the last one percent. Are Hank and I the only ones that find these claims odd and something that the media and general public are not incensed about?

In last month’s magazine, we ran a CARB generated emailed news bulletin on this regulation which was reprinted on page 12 of this magazine. This is another reminder, the first deadlines for the California Air Resources Board (CARB) Truck and Bus Rule are here (actually passed for fleets of 4 or more subject diesel powered trucks). The rule “could” be stopped if we win our injunctive relief legal challenge, unfortunately in a 12-15-11 hearing, the judge indicated that he would not likely agree to our claim in his order. While there is no order yet, an important hearing date on our main summary judgment claim is scheduled for January 26.