Nebraska Files Antitrust Lawsuit Against Heavy-Duty Truck Makers Over EV Push

Nebraska Attorney General Michael Hilgers filed an antitrust lawsuit on Tuesday against several major heavy-duty truck manufacturers, accusing them of limiting the availability of diesel-powered semi-trucks in favor of electric trucks.

The lawsuit alleges that the truck manufacturers conspired to phase out medium- and heavy-duty internal combustion vehicles, a move driven by California’s environmental regulations aimed at eventually ending the production of diesel-powered semi-trucks.

Hilgers named Daimler, Navistar (a subsidiary of Volkswagen’s Traton), Paccar, Volvo Group North America, and the Truck and Engine Manufacturers Association as defendants in the lawsuit, filed in state court.

“Eliminating diesel-powered semi-trucks is nearly impossible and would impose significant costs,” Hilgers stated. “This collusion among manufacturers will raise prices, reduce output, increase costs for Nebraskans, and represents a textbook antitrust violation.”

The lawsuit targets a deal reached in July 2023 between the California Air Resources Board (CARB), major truck manufacturers, and the Truck and Engine Manufacturers Association. The agreement allowed manufacturers flexibility in meeting California’s emissions standards. CARB noted at the time that the companies agreed to comply with California’s vehicle standards, even if others challenged the state’s authority to enforce stricter emissions rules.

Neither CARB nor Paccar commented on the lawsuit, and the other companies and the association have yet to respond.

In March 2023, the U.S. Environmental Protection Agency (EPA) approved California’s plan to gradually require zero-emission heavy-duty trucks. However, California still awaits EPA approval for its Advanced Clean Fleets regulations, which aim to phase in zero-emission medium- and heavy-duty vehicles, along with light-duty delivery trucks. Starting in 2036, the rule would mandate that manufacturers produce only zero-emission medium- and heavy-duty trucks.

In May, Nebraska joined 15 other states in suing CARB over its clean fleets rule.

California Governor Gavin Newsom announced last year that by 2035, half of all heavy-duty trucks sold in the state will be electric. By 2045, California plans to mandate zero-emission operations for all medium- and heavy-duty vehicles where feasible.