Industry trade group the Western Propane Gas Association (WPGA) is pushing back against a California rule requiring zero-emission forklifts, announcing Friday that it had sued the California Air Resources Board (CARB) to stop the regulator’s new policy.
CARB in June said it would require most fleets to phase in zero-emission forklifts between 2028 and 2038, and would restrict the purchase of certain new forklifts with internal combustion engines beginning in 2026.
According to the WPGA, CARB overstepped in setting the new framework, and has violated both the state’s constitution and various state laws, including the Environmental Quality Act (CEQA), Administrative Procedures Act (APA), and Health and Safety Code (HSC). Specifically, the lawsuit says the new rule violates CEQA by failing to consider the environmental impacts from new infrastructure construction to meet the mandate, increased use of diesel generators to charge battery forklifts, leakage of emissions, and new peaking electricity demands and associated emissions.
CARB did not respond to a request for comment, and had no response to the lawsuit posted on its website.
In a statement, the WPGA said it hopes CARB and the state of California may yet come to the negotiating table with industry groups to find a more equitable solution. According to the organization, propane fuel is a clean, safe, and efficient power source that is already helping California transition away from diesel fuel-burning forklifts in sectors such as construction, agricultural, goods movement, and retail.
“We are disappointed that our repeated good faith efforts to find a pathway forward that simultaneously protected consumers and businesses while achieving CARB’s stated goals were rejected,” Colin Sueyres, president & CEO of WPGA, said in a release. “Instead, our industry and those who use our fuel have no choice but to challenge CARB in court for their blatant violations of state law and the state Constitution.”
