Supporters Fill Courtroom to Delay CARB Requirement Until Proven Safe

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–Alliance for California Business Press Release – October 22, 2014–

The “who’s who” of the North State packed the Glenn County Courthouse in Willows last Friday to deliver what is becoming a common message in California: “give us our day in Court — to explain why these Diesel Particulate Filter (DPF) devices are dangerous and faulty.” They arrived in support of the Alliance for California Business (ACB) a local non-profit, in its ongoing battle to stop the California Air Resources Board’s (CARB) requirement that diesel-powered trucks and buses be equipped with DPFs.

The ACB appeared in defense of its ongoing lawsuit, which asks for a declaration from the Court that the DPF devices are mechanically flawed, pose threats to the health and safety of Californians, and threaten to bring economic ruin upon countless small trucking businesses and farmers throughout the state.

In August, CARB filed a demurrer with the Court in response to the ACB’s complaint, in which it attempted to have the lawsuit thrown out on technical grounds — that the complaint was filed too late to challenge CARB’s various regulations pertaining to the DPF requirement, including the schedule of compliance. Therese Cannata, arguing on behalf of the ACB, told the Court that the lawsuit was timely for a host of reasons but more importantly, the question of whether it was timely is a question of fact – that has to be decided based on the evidence. She asked that Judge Twede give the ACB its day in court to present the evidence of the related DPF problems – including the danger of fires that destroy trucks and nearby property – based on the testimony of eyewitnesses and experts.

Judge Twede took the matter under submission, meaning that he will issue a ruling after he looks further at the documents filed by both sides.

In front of the courthouse after the hearing, Ms. Cannata, alongside California Assemblyman Dan Logue and State Assembly hopeful James Gallagher, addressed the crowd of ACB supporters and members of the press to stress the importance of getting the message to local politicians that the DPF requirement is taking a devastating toll on California’s businesses and consumers.

“This was an important day because it sent a message to CARB that the voice of the ACB stretches all over the North State, from small independent truck owner/operators and farmers,” explained Alliance for California Business President Bud Caldwell. “Hopefully CARB’s attorneys were at least able to see a small cross-section of the people affected by CARB’s ill considered regulations.”

The next court date on this case is on December 5, 2014 at 1:00 p.m. before Judge Twede. This is the date now scheduled for the hearing of the ACB’s motion for preliminary injunction. At that hearing, ACB will present declarations (and possibly live testimony) of witnesses who have experienced the mechanical failures and fires caused by the DPF device and experts who will explain why that is happening.

Any persons having problems or questions regarding DPF devices should please contact Steve Caldwell, allianceforca@gmail.com or by telephone at (530) 342-6511.

 

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