Volvo weighs in on truck OEMs’ lawsuit vs. CARB

Volvo Group is among the trucking industry titans Daimler Truck, Paccar and International Motors suing the California Air Resources Board and California Gov. Gavin Newsom.

The Swedish manufacturer is not only part of a lawsuit alleging that CARB lacks the authority to enforce stricter emissions standards, but it now is evaluating its sales policies in California, a Volvo spokesperson told Equipment Finance News.

The OEMs argue that President Donald Trump nullified Environmental Protection Agency waivers granted to CARB for its Low-NOx Omnibus and Advanced Clean Trucks rules, according to the lawsuit, filed Aug. 11 in the Eastern District of California.

The plaintiffs are seeking to invalidate their 2023 Clean Truck Partnership (CTP), which requires them to commit to meeting CARB’s emissions rules regardless of any legal challenges to California’s authority.

The OEMs say in the lawsuit that they will be “irreparably harmed as they are forced to choose between investing substantial resources to comply with ultimately preempted standards on the one hand, and risking significant liability from regulatory noncompliance on the other hand.”

The lawsuit alleges that the OEMs are in an “impossible position” as they would be subject to significant civil penalties and exclusion from state incentive programs and the California market altogether for failing to comply. Amid opposing federal and state regulations, the OEMs are “subject to two sovereigns whose regulatory requirements are irreconcilable.”

“Each wields a hammer to enforce its will on industry, leaving OEMs — who simply seek to sell heavy-duty trucks in compliance with the law — unable to plan with the necessary certainty,” the lawsuit reads.

The plaintiffs are seeking an injunction barring the board and Newsom from taking any further measures to enforce truck emissions rules.

Volvo evaluating California sales strategy

Volvo Group has faced multiple legal actions related to California’s CTP, the company spokesperson said.

“Since we signed the CTP, the federal regulatory landscape has changed, and we have received a cease-and-desist letter from the U.S. Department of Justice directing us to immediately cease and desist compliance with both the Clean Truck Partnership and its preempted state vehicle emission regulations,” he said.

This may affect sales policies in California, the spokesperson noted.

Volvo has 17 truck dealers in the state, according to its website.

In the meantime, the company will continue offering its fully electric Volvo VNR, Mack LR and Mack MD models in California and across the United States.

“We believe zero-emission technology will have a prominent place in the future of trucking, and we will continue to support our customers through every step of the transition,” the spokesperson said.

CARB did not respond to request for comment by publication time.

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