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

EMA is pleased to announce the resolution of its pending lawsuit challenging the Clean Truck Partnership (CTP). Monday’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, EMA, along with the 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.”

On Monday, 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.

EMA 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 EMA 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 EMA’s members need to continue serving American motorists.

New EPA Guidance on Management of DEF Related Fault Conditions

Diesel exhaust fluid (DEF) and selective catalytic reduction (SCR) emission control systems in current diesel on-highway heavy-duty vehicles and engines can force sudden speed and power reduction to as little as 5 mph or become inoperable within four hours in response to a DEF-related fault condition that degrades the performance of the SCR system. In 2024, EPA finalized rules, starting with model year 2027, which require new heavy-duty on-highway vehicles and engines to be designed to avoid sudden and severe power loss by providing a schedule for multiple step reduction in speed and power over a longer period. These rules, however, were not retroactive to existing heavy-duty on-highway vehicles.

On August 11, 2025, EPA issued additional DEF guidance that supplements prior guidance documents and expands available options for the management of DEF-related fault conditions. The guidance applies retrospectively to existing heavy-duty on-highway vehicles and prospectively for model year 2025 and model year 2026 heavy-duty on-highway vehicles. Three options are provided to address a DEF-related fault condition that include the schedule outlined in the 2024 rule revision and an alternative schedule that reduces the number of speed and power loss step reductions (See table below)

The guidance allows engine and equipment manufacturers to modify their DEF system software in existing vehicles and equipment to utilize one of the speed and power reduction options provided in the guidance. For additional information see EPA’s DEF Guidance Fact Sheet.

DOT Issues New NEVI Program Guidance

On August 11, 2025, the Federal Highway Administration (FHWA) issued an interim final NEVI Program guidance document that makes significant changes to the previous NEVI Program guidance and restarts the NEVI Program.

The interim guidance limits the requirements on those specifically required under the statute and regulations. It streamlines the state plan submission and approval process requiring previous or revised state plans for all program years to be submitted within 30 days of the issuance of the guidance. The plans will only be reviewed for compliance with the statutory and regulatory requirements. The interim guidance provides the states with flexibility to allow distances greater than 50 miles between charging stations along alternate fuel corridors. It provides states with more flexibility in determining when the alternate corridor system is built out, allowing NEVI funds to be used on public roads statewide. It encourages selection of charging locations where the charging station owners are also the site host and eliminates requirements for states to address consumer protections, emergency evacuation plans, environmental siting, resilience and terrain considerations.

While the interim guidance is effective immediately, FHWA is inviting comments on the guidance and will consider substantive comments. Additional information on the interim guidance can be found at on the FHWA NEVI Program web page.

EMA’s Fall Meeting at the NACS Show 2025: October 13-14 -Website and Registration Open!

EMA will hold its Fall Meeting in conjunction with the NACS Show on October 13-14 at the InterContinental Chicago Magnificent Mile.

Invitations to the Fall 2025 NACS conference were sent to your inbox on July 8. Responding to the links on the invitation email is the recommended way to register. Housing registration deadline is September 19, 2025. Currently, Sunday, October 12, is sold out. We have started a waitlist. The remaining nights, October 13, 14, and 15 are all 65% sold out. Members have access to all other hotels with availability in the block. If the general block has rooms, you will continue to see those options. We look forward to seeing you in Chicago!

Remember, the NACS Show registration is separate from EMA’s Fall Meeting registration.

Special EMA Members Code for NACS Show 2025 Registration

Using the 2025EMANS code provides EMA with $100 for every retailer or marketer paid registration at any rate. EMA encourages EMA state execs to promote and share with your state association's member companies. Click here for the flyer.

**Please note that EMA state execs are comped for NACS Show registration. Additionally, the NACS Show registration is separate from EMA's Fall Meeting registration.

Click here for full instructions to register.

Questions registering for NACS Show? Contact NACS Show registration customer service at nacs@maritz.com or 469-513-9489, Monday-Friday, 9:00 a.m. - 5:00 p.m. EST, for assistance.

Sprague Operating Resources Announces Strategic Leadership Changes

On July 24, 2025 - Sprague Operating Resources LLC (Sprague), a leading provider of energy and material handling services across the Northeast since 1870, announced key leadership appointments designed to accelerate growth in its core businesses, while supporting future expansion.

Dave Glendon has transitioned from President and CEO to the role of Chairman. In his new capacity, Glendon will focus on maximizing the value of Sprague’s asset base. To drive Sprague’s commercial strategy, the company has appointed two Co-Presidents:

• Brian Weego has been named Co-President. Weego has been instrumental in the successful growth of Sprague’s Natural Gas business, building it over the last two decades into a robust platform serving nearly 30,000 commercial, government, and industrial accounts across the Northeast.

“The success of our natural gas business has been a testament to our team’s innovation and dedication to our customers,” commented Brian Weego. “As Co-President, I’m incredibly excited to further broaden our reach and continue building on our robust platform, bringing our sophisticated tools and market expertise to help even more businesses.”

• Karl Schmidt joins Sprague as Co-President. Schmidt brings a strong track record from Hartree Partners, LP, Sprague’s parent company, where he built successful businesses including fuel oil, metals, and an international bunker fuels platform. He has also played a critical role in supporting Sprague’s Canadian subsidiary, Kildair Service ULC.

“I am thrilled to join the Sprague team at such a dynamic time,” stated Karl Schmidt. “I see immense potential in Sprague’s strong infrastructure, and its amazing customer relationships. I look forward to collaborating with Brian and the entire Sprague team as we look ahead to the next 155 years for the company.”

These leadership appointments are part of a multi-year strategic evolution aimed at accelerating Sprague’s vision for the future. “By reorganizing the business around our commercial units, we are poised to accelerate growth across our company and expansion into new offerings” said Glendon. “I’m looking forward to supporting Brian and Karl’s efforts to stimulate the next phase of our growth.”

About Sprague Operating Resources LLC: Founded in 1870 and headquartered in Portsmouth, NH, Sprague Operating Resources LLC has a rich, 155-year history of delivering innovative energy solutions and material handling services. The company serves commercial, industrial, wholesale, and government customers across the Mid-Atlantic, Northeast, and Quebec with a diverse portfolio of products and services, including fuel storage, fuel delivery, electricity, material handling, material storage, natural gas, and solar. As a leader in sustainability, Sprague was the first petroleum company in the U.S. to be recognized as a BQ-9000 Certified Biodiesel Terminal Marketer and continues to drive innovation with low-carbon fuels like biodiesel and renewable diesel, wind component material handling through its terminals, and award-winning liquid tank rooftop solar energy systems.

Click here for the article. For more information, please reach out to Kristyn Schweitzer, Director of Wholesale North, at 603-205-4351 or www.spraguenergy.com. Sprague Energy is EMA’s Bronze Partner.

Weekend Reads

Electric vehicle sales growth eases to 21% in July, research firm says | Reuters

FTC Resolves Antitrust Concerns Arising from Clean Truck Partnership | Federal Trade Commission

Power, energy bill prices going up, gas price declining, Labor Department says

US crude production to hit record 13.41 million bpd in 2025 before falling, EIA says | Reuters

Why Ford is doubling down on electric vehicles | AXIOS

Federated Insurance: Risk Management Corner
Protect Your Employees with Personal Protective Equipment

When did you last check the personal protective equipment (PPE) your employees use? Are they wearing it correctly and for the right tasks, or not using it at all?

Ensuring proper PPE use can help your employees stay safe and healthy on the job. And it could keep your business away from costly and preventable workers compensation claims.

Management Responsibilities

As a leader in your industry, it’s up to you to enforce the use of PPE. Consider the following to up your PPE game:

• Management develops and oversees a PPE program, conducts hazard assessments, and trains supervisors.

• Supervisors provide, train, and ensure proper use of PPE while maintaining records.

• Employees wear PPE, attend regular training, and report repair or replacement needs.

The Value of Recordkeeping

Keep detailed records of training sessions for compliance and accountability. This includes:

• Who was trained

• The type of training

• When training took place

• What was covered in training

Generally, training records are maintained for three years for each employee. As new hazards are identified, processes and equipment may need updates. Providing robust PPE solutions can be the difference between a safe business and one with frequent workplace injuries.

Reach out to your local Federated Insurance® marketing representative today for more information on employee safety. Clients can access mySHIELD® for additional industry-specific safety resources or please contact your Federated regional representative or EMA’s National Account Executive Jack West at 262.719.7750 for any additional information or risk management questions. Federated is a Partner in EMA’s Board of Directors Council.

At Federated Insurance, It’s Our Business to Protect Yours®

EMA Journal Summer Issue Online Now - NACS Show Preview

EMA Summer Journal is the current issue online. You can take the digital edition with you wherever you go. Scroll to select the articles that catch your eye, then share the content with the icons at the top of your screen. Archived covers are handy on the left side of your browser or use our convenient search feature to find a specific topic. If you prefer to read with pages that flip, select "page view" from the menu bar for a classic page-turner.

In 2023, the Journal adjusted to three issues per year, making it even easier and more affordable for our members and industry supporters to find and connect with each other. For information on marketing to our members, please call 844.423.7272 or email them at advertise@innovativepublishing.com.

Ads for EMA Fall Journal / Annual Directory are due “TODAY” to be delivered in late October 2025. This issue features EMA's Annual Directory and is retained as a reference guide year-round by our members.