Propane industry body, Western Propane Gas Association (WPGA), has filed a lawsuit against the California Air Resources Board’s (CARB) Zero-Emission Forklift Regulation which requires large spark-ignited (LSI) forklifts begin to be phased out from 2026.

The WPGA lawsuit argues the CARB regulation, which was passed on 27 June 2024, violates Californian’s Environmental Quality Act (CEQA), Administrative Procedures Act (APA), Health and Safety Code, and the state’s Constitution.

“In particular, the suit lays out clear violations of CEQA, including the failure 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, amongst other effects of the rule-making,” a statement from WPGA reads.

“The suit also argues that the rule exceeds CARB’s authority and constitutes an action without clear statutory authority granted by the Legislature, a violation of the California Constitution. 

“As a result, adoption of the rule also deprives citizens and businesses of their rights protected under California law, namely the right to continue operation of an established business in accordance with a valid government authorisation.”

After the passing of the regulation, the WPGA, in a statement, claimed the Zero-Emission Forklift Regulation would cost “California forklift owners and operators up to USD27 billion”. By CARB’s own estimates, “at the time of regulatory adoption, there were approximately 100,000 LSI forklifts operating in California”.

President and chief executive officer of WPGA Colin Sueyres, speaking to Forkliftaction, says the timeframe set down for the phasing out of LSI forklifts may not be achievable.

“It supposes battery-electric lifts will be available, at scale, and perform similar load and duty cycles as combustion lifts,” he continues. “If they cannot, as we have heard, then we risk losing those operations completely to other states or nations.

“The general consensus from within the industry is that some jobs can easily be done by electric lifts, and whenever possible fleet owners or operators have made that shift voluntarily without any need for a mandate from government. 

“However, the lifts powered by propane are often serving specific functions that cannot be easily met by electric lifts. Many within the industry are deeply concerned with how to possibly meet this government mandate without losing their businesses. 

“Lift manufacturers have been fairly quiet on the matter publicly, but have privately expressed serious concerns with the timelines set by the rule for production of these new lifts and possible blowback from their customers.”

CARB passed the Zero-Emissions Forklift Regulation “to help California meet its air quality and climate goals through zero-emission technology”.

“The regulation will achieve emission reductions of both criteria pollutants and greenhouse gases by requiring the phase-out of forklifts using large spark-ignition engines, such as those running on propane and gasoline,” CARB states.

“The regulation includes requirements for forklift fleet operators, rental agencies, dealers, and manufacturers, and is expected to result in a significant shift of the forklift segment in California to zero-emission technology. 

“Zero-emission forklifts, such as those that run on battery-electric and fuel-cell powertrains, have been successfully used for decades. They have proven to be effective alternatives to internal combustion forklifts, particularly in the logistics industry.

The transition from LSI engines starts in 2026 when California forklift dealers will no longer able to sell petrol-powered forklifts.