Energy Marketers of America Announces Victory in Challenge to “Clean Truck Partnership”

Lincoln, NE – Energy Marketers of America is pleased to announce the resolution of its pending lawsuit challenging the Clean Truck Partnership (CTP). Today’s announcement reflects the manufacturers of heavy-duty trucks stating that California’s heavy-duty electric truck mandate is “void.” This announcement is a significant victory for energy marketers, the trucking industry, Nebraska, and the country.

Last November, Energy Marketers of America, along with Renewable Fuels Nebraska (RFN) and the Nebraska Attorney General’s Office, sued the manufacturers for signing the Clean Truck Partnership—an agreement that they would abide by California’s electric-truck mandates irrespective of any litigation challenging their validity, the authority of the California Air Resources Board (CARB) to implement them, or the underlying State regulations. Based on the CTP, Energy Marketers contended, output of internal combustion engine (ICE) vehicles would have been reduced, thereby eliminating consumer choice and likely driving-up prices for those same vehicles to subsidize this so-called “transition” to zero emission vehicles (ZEVs). When the supply of ICE vehicles ran dry, Energy Marketers contended, motorists would have been left to purchase ZEVs they did not want – vehicles that came with a sticker price two or three times higher than comparable ICE vehicles. The lawsuit, filed in Lincoln County, sought a ruling that the Clean Truck Partnership was “void.”

Today, the parties filed a joint stipulation of dismissal where each of the manufacturers recognized that the Clean Truck Partnership is “voided” by Section 209 of the Clean Air Act and, for that and other reasons, cannot be enforced in Nebraska or elsewhere against any signatory.

Polling suggests that Americans overwhelmingly oppose electrification mandates. Despite public opposition, California had advanced these policies through efforts such as the CTP, undermining consumer choice and causing skyrocketing utility bills.

Energy Marketers of America is grateful to each of the manufacturers in the litigation for their assistance in achieving this resolution. The stipulation is not an admission of any liability, wrongdoing, or any violation of law by any party, nor of any factual allegations in the case. The stipulation also expressly recognizes this lawsuit’s contribution toward regulatory clarity for the medium- and heavy-duty vehicles industry and their customers.
“CARB’s aggressive attempt to electrify the heavy-duty transportation sector threatened to limit consumer choice on cleaner, greener internal combustion engine vehicles, increase Americans’ utility bills to subsidize a massive expansion of the electric grid for EV charging, and endanger the viability and jobs of small business energy marketers around the country,” said Energy Marketers of America President Rob Underwood.

Electrified heavy-duty vehicles make up just one tenth of one percent of all heavy vehicles. CARB sought to arbitrarily increase that figure exponentially over the next several years. This forced transition to electric trucks threatened to increase transportation costs, hike prices for basic goods and also increase the cost of procuring the trucks that the Energy Marketers of America’s members need to continue serving American motorists.