Nebraska Sues to Pull the Plug on Truck Manufacturers’ Alleged Collusion to Eliminate ICE Vehicles

Cozen O'Connor
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  • Nebraska AG Mike Hilgers, joined by energy trade associations, filed an antitrust lawsuit against several truck manufacturers, alleging they violated Nebraska law by engaging in anticompetitive practices to phase out Class 8 internal combustion engine (ICE) semi-trucks in favor of electric vehicles.
  • The complaint claims the manufacturers colluded with the California Air Resources Board (CARB) through the 2023 “Clean Truck Partnership” (CTP). The agreement allegedly requires all participating manufacturers to transition their fleets to zero-emission vehicles on the same schedule, ensuring no company is subject to a competitive disadvantage. The Nebraska AG argues the CTP improperly extends CARB regulations nationwide, reduces ICE vehicle production, limits consumer choice, and inflates prices, causing economic harm to Nebraska consumers.
  • The lawsuit seeks declaratory and injunctive relief to void the CTP’s application in Nebraska and prevent manufacturers from taking actions that would restrict ICE vehicle availability or manipulate pricing in the state.
  • As previously reported, Nebraska also recently joined a coalition of Republican AGs in submitting comments to the EPA urging the agency to reject California’s request for a preemption waiver for its Advanced Clean Fleets Regulation.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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