California Sues DOT Over Frozen Federal Transportation Funds
FMCSA Rejected Assertion That State’s ELP Law Met Federal Standards
Key Takeaways:
- California sued the U.S. Department of Transportation on Dec. 13 over permanently rescinding more than $33 million in federal grants tied to English-language proficiency enforcement.
- The dispute centers on FMCSA withdrawing MCSAP approvals for years 2024 through 2026 after President Donald Trump revived enforcement in an April 28 order.
- California seeks to block re-obligation of the funds, arguing the action departs from past practice, while the case moves forward and grant payments remain frozen.
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California is suing the U.S. Department of Transportation for permanently rescinding more than $33 million in federal grants.
At issue is DOT’s assertion that California has failed to enforce federal English-language proficiency requirements for commercial drivers, including placing drivers out of service if they fail roadside tests for reading and understanding English.
State Attorney General Rob Bonta on Dec. 13 filed suit against USDOT, Transportation Secretary Sean Duffy and Federal Motor Carrier Safety Administrator Derek Barrs in their official capacities. The case was filed in the U.S. District Court for the Northern District of California. Bonta said the government’s actions have been “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” The lawsuit also seeks to stop FMCSA from re-obligating and transferring California’s grant funds to others.
This year, enforcement of federal English-language proficiency standards was revived after lying dormant under a directive in place since 2016. President Donald Trump in an April 28 executive order titled “Enforcing Commonsense Rules of the Road for America’s Truck Drivers” reversed that directive and .
In June, FMCSA issued a series of tests for roadside inspectors to follow to determine drivers’ English-language competency. All states are required to issue ELP violations to commercial vehicle drivers lacking language skills and place them out of service.
Duffy has routinely singled out California for not enforcing the mandate. Months ago, FMCSA issued a preliminary notice to California and two other states for failing to comply with the ELP requirements, outlined corrective actions and threatened to withhold Motor Carrier Safety Assistance Program grants if it reached a .
California has contested that assertion. The state in September responded to FMCSA by asserting that its own ELP laws met the requirements of the federal regulations. It also outlined its case for why it should receive its MCSAP grants. Notably, the California Highway Patrol relies on these grants for its commercial vehicle safety programs.
Duffy. (Seth Wenig/Associated Press)
FMCSA General Counsel Jesse Elison on Oct. 15 rejected those assertions in a final notice sent to California Gov. Gavin Newsom and Alicia Fowler, general counsel for the California State Transportation Agency. Specifically, Elison withdrew funding approvals of the state’s Commercial Vehicle Safety Plans for fiscal years 2024, 2025 and 2026, freezing any payments for expenses submitted after Oct. 15, 2025.
FMCSA also rejected California’s request for an extension until April 2026 to address the government’s concerns, calling California’s arguments about its ELP enforcement “misplaced” and the April delay “unacceptable.”
In its lawsuit, the state said, “FMCSA’s final decision to abruptly terminate California’s MCSAP grants, rather than work with the state, was a sharp departure from ordinary agency practice over many years and, further, is inconsistent with DOT guidance.” It stressed that FMCSA’s decision was “inconsistent with their prior actions, including but not limited to the fact that, before the almost 20 years preceding the present change in presidential administrations, FMCSA had consistently determined that California was complying with MCSAP grant requirements, including approval issued less than nine months ago. That approval was warranted, as California’s English-language proficiency requirements are compatible with federal law.”
FMCSA maintained that California has not provided it with an update to a 2024 California Highway Patrol Commercial Enforcement Manual that stated the state’s ELP requirement “shall not be enforced” or appear on any enforcement document because the federal regulation “is not adopted by California.”
The agency added, “California’s reliance on its state driver licensing laws fails to address the English proficiency of the thousands of interstate drivers licensed in other jurisdictions who operate within California’s borders each day. The ELP requirement is a continuing safety obligation, and its enforcement must be equally continuous.”
The California Attorney General’s office when contacted by Transport Topics had no specific comment on the lawsuit. “This is a client matter. Please reach out to the Governor’s Office directly with any questions,” it said. Newsom’s office referred questions to the California State Transportation Agency, which had not responded by press time.
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