Propane industry to challenge California’s gas-powered forklift rule

By Alex Nieves | 08/27/2024 12:37 PM EDT

The pending lawsuit is the latest to challenge the California Air Resources Board’s authority to set clean air standards.

A forklift driver unloads a truck full of food to be given out.

CARB's regulation will ban the purchase of new internal combustion forklifts starting in 2026 and phase out older models between 2028 and 2038. Wilfredo Lee/AP

California’s main propane gas trade group said Friday it plans to sue state air regulators over a recently passed rule to phase out most gas-powered forklifts.

The Western Propane Gas Association, which represents propane producers and suppliers, filed its complaint in the Fresno County Superior Court on Friday, arguing that the California Air Resources Board’s forklift rule passed in June violates the California Environmental Quality Act and the state constitution. The filing is still being processed by the court and hasn’t formally been served to the agency.

The lawsuit argues that CARB failed to analyze the environmental impacts of new infrastructure needed to operate larger fleets of electric forklifts, including an increased number of diesel generators to charge batteries at sites without electrical hookups and increased emissions from power plants.

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The complaint also contends that the rule exceeds the authority granted to the agency by the Legislature, violating the California Constitution.

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