First Legal Steps Taken by WSTA to Address the Clean Truck Partnership Challenges

In recent years, the transportation industry has faced mounting pressure to adopt sustainable practices, particularly in urban logistics, where air quality and public health are paramount concerns. One of the most significant initiatives aimed at addressing these challenges is the Clean Truck Partnership, a collaborative effort designed to reduce emissions and promote cleaner technologies in commercial vehicle operations. However, despite its well-intentioned goals, the partnership has encountered a series of obstacles that have hindered its effectiveness. In response, the Washington State Trucking Association (WSTA) has initiated critical legal steps to navigate the complex landscape of regulations and stakeholder interests.

This article delves into the WSTA's recent actions, exploring the legal framework underpinning the Clean Truck Partnership, the specific challenges it faces, and the potential implications for stakeholders within the transportation sector. By examining the WSTA's proactive approach, we aim to shed light on the broader conversation about sustainability in trucking and the vital role that legal measures play in achieving environmental objectives. As the industry grapples with the pressing need for cleaner operations, the outcomes of these legal endeavors may set important precedents for future initiatives aimed at transforming urban freight.

Background of the Clean Truck Partnership

The future of the Clean Truck Partnership (CTP)—a significant agreement established in 2023 between California and the nation’s engine manufacturers—has become increasingly contentious following the expiration of the federal waiver that initially facilitated the accord.

Recently, the Western States Trucking Association (WSTA) took decisive action by filing a petition with the California Office of Administrative Law, questioning the legitimacy of how the CTP was formulated under state law. In a conversation with FreightWaves, Sean Edgar, WSTA’s environmental policy and media advisor, characterized the CTP as “an inappropriate alliance between original equipment manufacturers and the California Air Resources Board (CARB), leading to significant turmoil and uncertainty for the trucking sector.”

The WSTA has a history of litigation regarding the regulation of transportation fuels and emissions. Edgar noted that this latest action against the CTP stems from the organization’s view that CARB has shown a blatant disregard for federal law, specifically referencing Congressional action taken under the Congressional Review Act, which was later signed by President Trump. This action targeted a critical California regulation—the Omnibus NOx rule—that underpins the CTP.

Regulatory Shifts and Waiver Withdrawals

Beyond the WSTA’s petition, the viability of the CTP amid shifting regulatory conditions has become a pressing issue for observers in the trucking regulatory landscape. This scrutiny intensified following CARB’s withdrawal of its request for a waiver from the Environmental Protection Agency (EPA), which would have allowed for the implementation of the state’s Advanced Clean Fleets (ACF) rule.

Subsequent Congressional action, which President Trump signed, revoked waivers that had been granted by the Biden administration’s EPA regarding California’s Advanced Clean Trucks (ACT) rule and the Omnibus NOx rules. The ACT mandated that original equipment manufacturers (OEMs) progressively sell a larger percentage of zero-emission trucks in the state, aiming for a diesel-free fleet by the 2040s, while the NOx rule set a requirement for emissions reductions from heavy-duty engines beginning in 2027.

The CTP was negotiated in July 2023 among CARB, several truck manufacturers, and the Engine Manufacturers Association (EMA). As part of the agreement, CARB committed to aligning its proposed NOx emissions regulations with federal standards, postponing a more stringent state deadline until 2027. Furthermore, CARB agreed to impose a moratorium on new regulations for a minimum of three years, while the manufacturers pledged to comply with CARB standards, regardless of any external challenges to California’s authority.

Rising Uncertainty in the Trucking Industry

The recent withdrawal of the ACF waiver request raised critical concerns about whether OEMs would be able to secure buyers for the zero-emission vehicles they are required to sell under the CTP. The Congressional action that nullified waivers for the ACT and NOx rules has further complicated the landscape, with any potential legal battles to reverse these actions likely to be protracted.

Compounding the uncertainty surrounding the CTP is its stipulation that all parties must adhere to the agreement despite external pressures against California’s regulatory actions. The WSTA’s filing represents the first tangible pushback against the CTP following recent regulatory developments.

In response to the WSTA’s petition, a CARB spokesperson indicated that the agency could not comment on the matter but affirmed that it believes the CTP remains unchanged. According to Edgar, the Office of Administrative Law, which operates within the state’s executive branch, has 60 days to respond to the WSTA’s petition. The WSTA will then determine its next course of action.

Additional Legal and Industry Pushback

Edgar also noted that the OAL is not merely a rubber stamp for all regulatory measures, citing a recent rejection of proposed changes to California’s Low Carbon Fuel Standard (LCFS). Revised LCFS standards are set to take effect on July 1 and aim to incentivize the adoption of lower-carbon transportation fuels, including renewable diesel.

In addition to the WSTA’s actions, another lawsuit against the CTP has been filed by the state of Nebraska and the trade organizations Energy Marketers of America and Renewable Fuels Nebraska, targeting the EMA and the diesel manufacturers—Navistar, Paccar, and Volvo North America—who endorsed the CTP. The case, currently in the district court of Lincoln County, Nebraska, appears to be moving slowly, with the involved parties recently granted 90-day extensions for various filing deadlines.

The WSTA asserts that CARB failed to comply with California’s Administrative Procedures Act (APA) when it entered into a private agreement with the OEMs and EMA to commit to selling exclusively zero-emission trucks in California, bypassing public commentary, which is a fundamental aspect of the APA. The WSTA argues that these actions amount to what is termed “underground regulation,” which the APA aims to prevent.

Stakeholder Positions and Commitments

It is important to note that the WSTA does not represent over-the-road trucking companies in California; that role is filled by the California Trucking Association. The majority of WSTA’s membership comprises fleets operating specialized work vehicles like dump trucks and water trucks.

Craig Segall, a former CARB deputy executive officer, has indicated that the CTP remains “legally binding” despite the regulatory challenges it faces, hinting at the commitment made during the negotiations. Segall recently reaffirmed the CTP’s legal standing, emphasizing that the companies involved made a commitment to collaborate with California on a viable pathway forward. He expressed hope that the manufacturers would uphold their commitments in the face of external opposition rather than remain silent amid these challenges.

As of the time of this report, inquiries to the EMA had not received a response. An industry observer remarked that the engine manufacturers find themselves in a precarious situation regarding the CTP, particularly after the waiver for the NOx rule was rescinded—an action that likely contributed to their initial agreement.

Conclusion: A Partnership in Limbo

The Clean Truck Partnership was designed as a compromise to balance California’s ambitious environmental policies with the practical realities of the trucking industry. However, with multiple legal challenges, shifting federal authority, and questions of legitimacy under California’s own laws, the CTP now stands on unstable ground. Whether the agreement will hold as a blueprint for future collaboration—or collapse under regulatory and legal pressures—remains to be seen. What is clear is that its outcome will shape the future of emissions policy, trucking operations, and the broader clean energy transition in California and beyond.

Stay Informed and Stay Compliant

The Clean Truck Partnership highlights just how quickly regulations can shift—and how deeply those changes impact trucking companies, manufacturers, and drivers. With evolving rules around emissions, compliance, and operational standards, it’s more important than ever for drivers and fleets to stay ahead of the curve.

At Labworks USA, we help truck drivers and carriers navigate these complexities by ensuring compliance with DOT drug and alcohol testing requirements. Our DOT Consortium’s friendly team is ready to answer your questions, support you with random testing programs, and guide you through FMCSA Clearinghouse registration. Staying compliant not only protects your business but also ensures you’re prepared as new regulatory landscapes—like the CTP—continue to unfold.

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