The Cullen Law Firm, PLLC

04/23/2024

Federal court holds U.S. government exceeded its rulemaking authority, strikes down requirement that states monitor and reduce highway tailpipe emissions.

In March, a federal district court in Texas struck down the U.S. Department of Transportation, Federal Highway Administration’s (FHWA) most recent attempt to force states to regulate greenhouse gas tailpipe emissions on the highway. The court examined whether the federal agency’s statutory autho...

03/28/2024

Yes, a federal "Trust" can also be considered a state "Trust" in certain contexts. CullenLaw has established in court that federal regulations implicitly incorporate state substantive laws for interpretation, compliance, and enforcement purposes. Read more about in CullenLaw's analysis.

CullenLaw established in court that federal regulations implicitly incorporate state substantive laws for interpretation, compliance, and enforcement purposes. What happens when federal statutes or regulations use words without defining them? When courts confront this situation, they apply various

02/19/2024

Task Force invites drivers and carriers to submit documents and evidence of predatory truck-leasing practices by March 18, 2024.

Task Force invites drivers and carriers to submit documents and evidence of predatory truck-leasing practices by March 18, 2024. The congressionally established Truck Leasing Task Force has been meeting to study the problem of predatory truck-leasing programs.  The Cullen Law Firm, PLLC’s

02/01/2024

Last week, CullenLaw filed an amicus brief on behalf of our client the Owner-Operator Independent Drivers Association, Inc., to weigh in on the Olson v. Bonta challenge to AB 5 now being reheard by the U.S. Court of Appeals for the Ninth Circuit sitting en banc .  The amicus brief ar

01/05/2024

http://tinyurl.com/4zd3kvb7

In the face of pressing environmental challenges and the imperative to reduce greenhouse gas emissions, the automotive industry has been racing towards a future of zero-emission vehicles. Electric cars have gained considerable momentum in recent years, promising a cleaner and more sustainable future

01/05/2024

http://tinyurl.com/m3nzabv5

Welcome to a critical exploration of a topic that impacts an essential part of our economy - the world of commercial trucking. In this thought-provoking article, " How Electronic Logging Devices Needlessly Invade Commercial Truckers' Privacy, " written by our colleague, Charles R. Stinson,

01/05/2024

http://tinyurl.com/3d6xne6t

In constitutional law, few doctrines have played as pivotal a role in shaping interstate commerce and economic regulation as the Dormant Commerce Clause.  And as long as this legal principle has been around, it remains the subject of occasional debate and ongoing interpretation by the court

01/05/2024

http://tinyurl.com/srj3yvy6

What the California Air Resources Board (CARB) formerly called its Heavy-Duty Inspection and Maintenance Regulation (HD I/M) has been rebranded as the “Clean Truck Check” Regulation. Nearly all diesel and alternative fuel heavy-duty trucks, buses, and other vehicles with a gross vehicle weight r...

12/11/2023

https://tinyurl.com/5n7s6twb

The California Air Resources Board (CARB) has dubbed what it formerly called its Heavy-Duty Inspection and Maintenance Regulation the “Clean Truck Check” Regulation. Nearly all diesel and alternative fuel heavy-duty trucks, buses, and other vehicles with a gross vehicle weight rating over 14,000...

11/29/2023

The continued functioning and existence of trade associations are at stake in a case currently working its way through the federal appeals courts. Earlier this year, the U.S. Court of Appeals for the Second Circuit held that an association’s agreement to abide by the rules and policies of its pare...

11/21/2023

AB 5 discriminates against and imposes substantial burdens on independent interstate truckers and therefore violates the dormant Commerce Clause and Equal Protection Clause of the United States Constitution, Paul Cullen, Jr. of The Cullen Law Firm, PLLC, explained to a federal judge in San Diego on

08/09/2023

California has exposed that its AB-5 constitutes a per se violation of the dormant Commerce Clause of the United States Constitution, explains the brief filed by The Cullen Law Firm, PLLC, on behalf of the Owner-Operators Independent Drivers Association, Inc., (“OOIDA”) on July 21, 2023.