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July 1, 2020 by Alice Kaswan

California Keeps on Truckin'

When California adopted its first-in-the-nation regulations requiring truck electrification on June 25, the state took a step (or drove a mile) toward reducing pollution in the nation's most vulnerable communities. The new regulation exemplifies a key feature of California's approach: its integration of climate goals, clean air goals, and, at least in this case, environmental justice goals.

According to the press release from the California Air Resources Board (CARB), trucks in California contribute 80 percent of the state's diesel pollution and 70 percent of its smog-causing pollution while constituting less than 7 percent of registered vehicles. The rule's environmental assessment explains that particulate matter from diesel engines is responsible "for approximately 60 percent of the current estimated cancer risk for background ambient air." These risks are highest near freight hubs, including "ports, rail yards and distribution centers." And these areas, in turn, are often in low-income communities of color. Trucks play no small part in the state's pattern of racial injustice, a pattern repeated throughout the country, as EPA's assessment of exposure disparities near ports reveals.

Building on California's existing zero-emission requirements for passenger vehicles and lighter pick-ups like the Ford F-150, the rule requires truck manufacturers to …

Sept. 9, 2019 by Daniel Farber
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Originally published on Legal Planet.

Prompting rage by President Trump, California and several carmakers entered into a voluntary agreement on carbon emissions from new cars that blew past the administration's efforts to repeal existing federal requirements. Last week, the Trump administration slapped back at California. Although there's been a lot of editorializing about that response, I've seen very little about the legal dimensions of the administration's actions. I'd like to shed a little bit of light on those.

The administration took two separate actions. First, the Department of Transportation and EPA sent a letter arguing that California's action appeared to violate the federal statutes governing CAFE (fuel efficiency) and emissions standards for new vehicles. Second, the Justice Department opened an antitrust probe of the car companies themselves. How strong are the government's legal positions?

Let's start with the DOT/EPA letter. The Clean Air Act and the …

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July 1, 2020

California Keeps on Truckin'

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