California to Repeal Advanced Clean Fleets After Lawsuit

Nebraska-Led Lawsuit Ends California’s Advanced Clean Fleets Rule

California has agreed to repeal its strict electric truck regulation known as Advanced Clean Fleets (ACF). The decision comes after a year-long legal battle. Nebraska led the lawsuit with the support of 16 other states. The regulation would have required truck fleets operating in California to replace diesel trucks with electric ones—even if those fleets were based out of state.

States Push Back Against Advanced Clean Fleets

Nebraska Attorney General Mike Hilgers announced the settlement on Tuesday. He described it as a major win for Nebraska’s economy, for the rule of law, and for consumers. The lawsuit, filed in the Eastern District of California, argued that California had overreached.

The Advanced Clean Fleets rule would have forced trucking companies to retire diesel trucks. Companies would have been required to buy more expensive and less efficient electric trucks instead. Because so many fleets travel into or through California, the rule would have affected companies across the country. California’s large population and major ports made the rule a national concern.

Settlement Formally Repeals Advanced Clean Fleets

As part of the settlement, California regulators agreed to stop enforcing the rule. They will also start the process of officially removing Advanced Clean Fleets from state law.

Regulators admitted they cannot move forward with their 2036 diesel truck sales ban without a waiver from the U.S. Environmental Protection Agency (EPA). That waiver is required under the Clean Air Act. Without it, the 2036 rule cannot be enforced.

Earlier, a separate 24-state coalition had already blocked California’s request for that EPA waiver. Nebraska also led that group.

Coalition of States Opposed Advanced Clean Fleets

Nebraska’s legal challenge received broad support. The states of Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Oklahoma, South Carolina, Utah, West Virginia, and Wyoming joined the case. The Nebraska Trucking Association and the Arizona State Legislature were also part of the lawsuit.

Trucking Industry Responds to Advanced Clean Fleets Repeal

The repeal of Advanced Clean Fleets was welcomed by the trucking industry. The American Trucking Associations (ATA) strongly opposed the rule. ATA President and CEO Chris Spear said the mandate would have damaged the industry.

Background on the Rule and Legal Challenge

The Advanced Clean Fleets rule was created by the California Air Resources Board (CARB) in 2023. It aimed to ban the sale of all new diesel trucks and buses in California starting in 2036. It also required all trucks in California to be zero-emissions by 2042. The long-term goal was to have 1.6 million zero-emission trucks operating in the state by 2048.

The California Trucking Association filed a lawsuit against the rule in 2023. However, that lawsuit did not stop the mandate. As deadlines approached, more states began to speak out. Many feared that California’s rule would hurt national freight routes and force high costs on fleets outside the state.

In May 2024, Nebraska and 16 other states filed their own lawsuit. That case specifically challenged the reach of Advanced Clean Fleets. The suit argued that California’s rule violated federal law and would disrupt the U.S. supply chain. It also said the rule would harm businesses and increase consumer prices.

The case, State of Nebraska v. Cliff, remained in court for nearly a year. Then, in spring 2025, new developments in Congress added pressure. Lawmakers voted to end the EPA waiver that allowed California’s 2035 gas-powered car ban. With that waiver in jeopardy, California regulators reconsidered their position on electric truck rules.

Uncertainty Ahead

The repeal of Advanced Clean Fleets may influence California’s other zero-emission vehicle goals. Without EPA approval, California cannot enforce similar bans. And with Congress reviewing waivers, future approvals seem unlikely.

As of Tuesday, California Attorney General Rob Bonta, Governor Gavin Newsom, and CARB have not responded to the settlement. Media requests for comment have gone unanswered.

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