The press release service powered by the Press

Superior Court Case on DPF Device Dismissed

Alliance For California Business Will Fight On!

Alliance for California Business

Chico,California (PR MediaRelease) July 27, 2016

THE GLENN COUNTY SUPERIOR COURT CASE IS DISMISSED BUT THE CONVERSATION ABOUT THE SAFETY OF THE DPF DEVICE IS JUST GETTING STARTED – THE ALLIANCE WILL FIGHT ON! 

On July 13, 2016, Judge Peter Twede of the Glenn County Superior Court issued a ruling on the Alliance for California Business’s (Alliance) motion for reconsideration of the Court’s order in favor of the California Air Resources Board (CARB) on the issue of diesel particulate filter (DPF) safety.  Through its ruling, the Court affirmed its earlier order holding that CARB’s DPF safety regulations alone were enough to resolve the issues raised by the Alliance in its lawsuit.  The Alliance continues to maintain that its lawsuit is not about whether the regulations on DPF safety provide theoretical protection for California’s citizens, but rather whether DPFs are actually safe devices when used in real-world applications.

Starting in November 2013, the Alliance has investigated the DPF device and presented to the Court (and to CARB) compelling evidence that the DPFs cause serious damage to engine parts, which, in turn has, in fact, caused fires and catastrophic engine failures.  In deciding to ignore actual evidence and embrace CARB’s claim of theoretical safety, the Court abandoned its early commitment to the Alliance to permit a trial on the issue of the safety of DPF devices.

In examining the specifics of this latest ruling, the Court devoted much of its time to reiterating previous arguments about the sufficiency of the Verification Procedure to “manage and avoid the potential risks of DPFs, including high temperatures, clogging, excessive backpressure and undependable monitors or sensors.”  The Court ruled that “by its plain terms,” the Verification Procedure “establishes performance standards and safety requirements for DPFs that directly address the potential risks and related safety issues.”  In other words, because CARB thinks in some manner about safety when “verifying” a DPF device, that is supposedly sufficient to foreclose public scrutiny and meaningful inquiry into the actual safety of the device.

The Court also ruled that CARB’s statements from April 2016 public hearing materials did not stand for the proposition that DPFs are inherently dangerous and will inevitably fail.  However, even the most benign interpretation of the statements cannot hide the scientific reality that DPFs, and the DPF regeneration process in particular, cause “high temperature conditions,” “significant stress on the DPF,” and potentially severe “backpressure on the engine.”  The Court chose to ignore these important safety implications, relying instead on CARB’s empty promises to think about safety.

And so the truck and bus fires and countless mechanical problems on these vehicles throughout the State of California continue while our state agencies and at least one court turn a blind eye to the strong evidence that the DPF is the common denominator.  The Alliance simply requested that it be given the opportunity to prove this with evidence and expert testimony at trial.  The Court, at CARB’s urging, dismissed the case.  But that is not where this story will end.

The Alliance remains committed – on behalf of its members who own and/or operate trucks, buses, farm equipment and other diesel-powered engines required by CARB to be fitted with DPF devices – to continue its challenge to the DPF requirement.  CARB has no legal right to require California citizens and all those who enter the state to operate commercial vehicles and other equipment with a DPF device that, as even CARB now acknowledges, will, over time, damage the engine and cause fires.

This conversation is just getting started because the DPF device is not safe and what’s worse: CARB knows it.  More and more individuals, groups, and associations are expressing concerns with the DPF, having been previously unaware of the safety risks involved to their employees and the public.  They, like the Alliance, want full disclosure and more comprehensive testing of DPF devices.  They, like the Alliance, want CARB’s claims of DPF safety and reliability to stand up to the test of a full, evidentiary trial on the merits.  The Alliance looks forward to working closely with concerned groups and individuals to hold CARB accountable for putting California citizens in harm’s way.

 

For further information, please contact:

Bud Caldwell, President

Alliance for California Business

Telephone: 530-342-6511

allianceforca@gmail.com

Website at: http://allianceforca.org

The Alliance for California Business is a nonprofit organization (501c6) formed in 2013 by business owners, managers, and professionals to advocate for a robust economy in the state of California. The members are business professionals from all industries.
The Mission of the Alliance for California Business is to ensure California regulations do not continue to drive businesses out of the state or even out of business. The mission will also be to reduce risks and increase opportunities for California business. Long-term, our members will work toward restoring California’s reputation as a business-friendly state.
The Alliance for California Business is a nonprofit organization (501c6) formed in 2013 by business owners, managers, and professionals to advocate for a robust economy in the state of California. The members are business professionals from all industries.
The Mission of the Alliance for California Business is to ensure California regulations do not continue to drive businesses out of the state or even out of business. The mission will also be to reduce risks and increase opportunities for California business. Long-term, our members will work toward restoring California’s reputation as a business-friendly state.

The Alliance for California Business is a nonprofit organization (501c6) formed in 2013 by business owners, managers, and professionals to advocate for a robust economy in the state of California. The members are business professionals from all industries.
The Mission of the Alliance for California Business is to ensure California regulations do not continue to drive businesses out of the state or even out of business. The mission will also be to reduce risks and increase opportunities for California business. Long-term, our members will work toward restoring California’s reputation as a business-friendly state.

Bud Caldwell
Alliance for California Business
President
(530) 342-6511
bcaldwell-ngp@sbcglobal.net

The website below is fully functional for your convenience to provide additional information about us and/or our news.

Featured WebPage

 
Comments

No comments yet.

Leave a Reply

You must be logged in to post a comment.