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On Friday, Rep. Michelle Steel (R-CA) led members of the California congressional delegation in a letter to Environmental Protection Agency (EPA) Administrator Michael Reagan, requesting that the agency rescind its wavier to the California Air Resources Board (CARB). The current waiver, established under the Clean Air Act, permits CARB to issue environmental regulations that would be otherwise impermissible under the Commerce Clause of the Constitution.
“For years the California Air Resources Board (CARB) has been promulgating regulations that have a direct impact on freight brokers, shippers, and motor carriers that not only reside in the State of California, but also those that do not have a physical presence in the State,” wrote the lawmakers.
They continued, “With increased inflation and supply chain disruptions, now is the time for the Agency to rescind this waiver, at a minimum during the COVID-19 pandemic, but also on a permanent basis. Rescinding this waiver will demonstrate to hard-working American businesses and around the globe that the State of California is open for business.”
“We respectfully ask that you consider rescinding this waiver to the State of California for the American economy and that of our home State.”
The full text of the letter can be found here and below:
Administrator Reagan:
We write with grave concern over the current state of affairs in the State of California, as it relates to a massive overreach from the California Air Resources Board. For years the California Air Resources Board (CARB) has been promulgating regulations that have a direct impact on freight brokers, shippers, and motor carriers that not only reside in the State of California, but also those that do not have a physical presence in the State. These regulations and drastic overreach by CARB, have created a situation where there is no appetite for freight brokers, shippers, and motor carriers to operate in the State. On top of that, capacity crunches and a lack of truck drivers have put the American economy on a road of logistical uncertainty.
As you know, CARB can promulgate these rules due to a waiver given to the State from the Environmental Protection Agency (EPA) under the Clean Air Act, otherwise they would be contrary to the Commerce Clause. With increased inflation and supply chain disruptions, now is the time for the Agency to rescind this waiver, at a minimum during the COVID-19 pandemic, but also on a permanent basis. Rescinding this waiver will demonstrate to hard-working American businesses and around the globe that the State of California is open for business.
I think we can all agree that we all support certain clean air initiatives and are willing to fight to improve the quality of our air and the environment, but we for one will not do this at the expense of the hardworking Californians who are the backbone of our economy.
We respectfully ask that you consider rescinding this waiver to the State of California for the American economy and that of our home State. If you have any questions, please contact me or my staff.
Sincerely,
Michelle Steel
Doug LaMalfa
Jay Obernolte
Tom McClintock
Mike Garcia
