Texas Truckers File Lawsuit Over CARB Diesel Rules

The Texas Motor Transportation Association went to court Feb. 7, challenging the Texas Natural Resources Conservation Commission’s new rule requiring the use of California-quality diesel fuel statewide in Texas beginning in 2002.

TTMT sued the agency in state district court in Austin.

“After working to deal with this issue in a variety of ways, we feel we have no alternative left but to file a lawsuit to prevent the implementation of this rule,” Bill Webb, TMTA president, said. “This rule sets a dangerous and potentially costly precedent that could have a nationwide impact. We have an obligation to our members and to our industry to challenge this rule.”

The commission ordered Texas diesel to be formulated to standards adopted almost a decade ago by the California Air Resources Board. “CARB” diesel, as the fuel is widely known, is lower in sulfur and contains fewer of the chemical compounds known as aromatics than required by federal law.

Because of the special processing necessary to produce this fuel, it can cost several cents more per gallon than the national average diesel price. For the week of Feb. 5, the California price was almost 11 cents higher than the national average.

For the full story, see the Feb. 19 print edition of Transport Topics. Subscribe today.