Associated Equipment Distributors (AED), in collaboration with the American Free Enterprise Chamber of Commerce, has reached a stipulation agreement with the California Air Resources Board (CARB) concerning the enforcement of California's Advanced Clean Fleets (ACF) rule.
The agreement comes after CARB failed to obtain a Clean Air Act waiver from the Environmental Protection Agency (EPA) before the Trump administration took office. AED and its co-litigant pursued legal action, challenging the ACF rule's applicability to high-priority and drayage fleets.
Chief United States District Judge Troy Nunley of the eastern district of California signed the stipulation agreement and abeyance order. Under the terms of the agreement, CARB has committed to propose the repeal of the ACF's high-priority fleet and drayage fleet rules by September 1, 2025. Once repealed, AED's lawsuit will be dismissed.
In the meantime, the case will remain in abeyance, and CARB has agreed not to enforce the contested rules against AED members — including any retroactive enforcement. Should CARB fail to repeal the rules, the agency has committed to a 120-day non-enforcement period, allowing AED sufficient time to refile its lawsuit.
"AED is pleased with this important step toward protecting our members from regulatory overreach," said Brian P. McGuire, president and CEO of AED. "This agreement ensures that our industry will not be burdened by unrealistic mandates and allows us to continue advocating for fair, transparent and practical regulatory processes. We appreciate CARB's cooperation and remain vigilant in ensuring these commitments are honored."
