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Winning a battle does not end the war

To All:
     If you haven't seen the official press release on CARB'S decision of Wednesday, Dec. 9Th, below is that decision in writing.  What does it mean?  It means we have won nothing, like what Bryan Bloom called it last night on the Chris Reed Show, a bitter-sweet victory.  Having dealt with this agency for the past three years on the formaldehyde regulations I can tell you this, this fight has just begun. 
     We accomplished a lot so far but also very little and this just means that CARB will listen, or rather are being forced to listen, to the opposition.  If we give up now, they will duplicate Tran's report as fast and economically as they can and everyone is back into the same situation as before.  This Republican governor will not give up on his agenda and is trying to appease his constituents in California with his statement yesterday stating he wants to protect the economy of California as he promised during his campaign speeches of many years ago.  I can tell you that the economy comes second in Arnold's mind and these draconian environmental laws first.
     The reason for this letter is that you all cannot proclaim victory and give up now.  It is just beginning and CARB is right now trying to figure out how to salvage this issue legally and morally and to save their credibility but will continue on their quest to destroy the trucking industry as they have done to many other industries in this state including mine. 
     CARB is circling its wagons and now is the time for another band to attack from a different angle.  You got their attention, just as we did, and you must keep up the pressure. We need them to accept an outside study on Tran's report, one that will take 6 months to a year to complete and delay these laws until such time as this report is finished and compared to their existing science.  If they disagree, I suggest injunctive relief to force them to do this.  This is too big of an issue to get wrong as their own board members have stated.  I will appeal to the attorneys in this list to look into this course of action, if possible.  There is also the issue with the illegal SRP to adjoin this injunction.
     Bryan Bloom also pointed out another fact, the fact that many of the other board members didn't want to change or delay the rules at all, to let them go on as is.  We have to work on these members, to let them see the truth and light.  We need to also work on the governor who is running this show. as he is violating his campaign promises. Let's make it known. 
     We have won nothing here folks, just bloodied their nose.  To borrow one of Arnold's famous sayings and changing it slightly...THEY WILL BE BACK.
     I do thank Dan Logue, Roger Niello, Bill Berryhill and Diane Harkey for taking time out of their day to testify on Wednesday.  Assembly person Harkey painted a grim picture for the financial condition of California, now and in the future. Let's fight to keep this state healthy and prosperous. 
Jeff Lassle
CARB victim

Release 09-110
December 9, 2009

Leo Kay
cell 916-849-9843

ARB calls for new health report, directs staff to explore regulatory flexibility for small businesses on diesel truck rule

SACRAMENTO: The Air Resources Board directed its staff today to return to the Board next April with a new provision that would provide truck fleets more flexibility in cleaning up their diesel emissions under the state's Truck and Bus Rule that was adopted in December of last year, in light of the recession's effect on the industry.

ARB staff demonstrated that the down economy has reduced the amount of time trucks have operated, thus reducing harmful diesel emissions that would have occurred during normal economic times. [editor note: They went on to say that it was still not enough reduction]

The Board also directed staff to withdraw and redo the health report that carried Hien Tran's name since it was learned last year that he falsely claimed he held a PhD in statistics from UC Davis. The implementation of the rule will continue to be carried out during this period.

The Board also neglected to second a motion by Board Member John Telles, who wanted to repeal the diesel rule after learning of Tran's misconduct.

"With today's set of actions, we confidently set out to revalidate the science supporting our rules and set up a process to allow for more flexibility for small businesses in the regulation given the down economy," ARB Chairman Mary D. Nichols said. "We take the employee misconduct very seriously but it should not affect an extremely important public health measure that has been extensively reviewed throughout the scientific community. We have tightened up our procedures to ensure an incident like this never happens again."

ARB passed the diesel truck and bus rule last December that requires truck owners to install diesel exhaust filters on their rigs by Jan. 1, 2011, with nearly all vehicles upgraded by 2014. The regulation is estimated to prevent 9,400 premature deaths over its lifetime.  [editor note: That estimate is from Hien Tran's discredited report]

To reduce diesel emissions and improve air quality and public health, the ARB adopted a Diesel Risk Reduction Plan in 2000 and has already passed regulations addressing urban buses, garbage trucks, school bus and truck idling, stationary engines, transport refrigeration units, cargo handling equipment at ports and rail yards, off-road vehicles, port trucks and other sources.

For more information on the Statewide Bus and Truck Regulation, go here: .

The Air Resources Board is a department of the California Environmental Protection Agency. ARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards.