Post by HardTimeTrucker on Oct 30, 2008 23:12:38 GMT -5
Press-telegram
Gov't Inching Toward Suit to Block Parts of Ports' 'Clean Truck' Plan
10/30/2008
By Kristopher Hanson
A divided Federal Maritime Commission voted Wednesday to file a lawsuit in coming days to block aspects of the "Clean Trucks" program adopted in the ports of Long Beach and Los Angeles.
In a 2-1 vote, the agency determined that portions of the cities joint plan to rid the harbor of older, polluting diesel trucks violates federal trade law by sapping competition and causing "unreasonable" increases in shipping costs.
While both ports are named in the suit, the Port of Los Angeles is targeted specifically for adopting a plan requiring trucking companies serving the the L.A. port to hire employee drivers no later than 2014.
"The Commission believes that surgical removal of substantially anti-competitive elements of the (Clean Trucks) agreement, such as the employee mandate, will permit the ports to implement on schedule, those elements of the (Clean Trucks Plan) that produce clean air and improve public health," according to an FMC statement.
FMC officials were vague Wednesday about which portions of the "Clean Trucks" plan they would seek to block, saying that the lawsuit, expected to be filed by Friday, would provide necessary details.
Commissioner Joseph Brennan dissented, but could not be reached for comment.
If an injunction is granted in federal court, it could delay or halt the rollout of new, cleaner trucks into service in San Pedro Bay, which air quality regulators list as one of the most polluted regions of America.
The plan began Oct. 1, with a ban on all pre-1989 trucks. It continues through 2012, when only rigs meeting federal 2007 emission standards would be granted access to waterfront marine terminals.
Tests show 2007 trucks are up to 90 percent cleaner than older rigs.
Port authorities said maintaining the program as written is critical, but declined to comment on the lawsuit, saying they had not yet seen it.
"There's not much to comment on as far as how it would affect us," said Port of Long Beach spokesman Art Wong. "We won't know until we see exactly what they want to stop."
The FMC decision drew immediate condemnation from environmental groups, who said an injunction could sabotage a program expected to slash diesel pollution from trucks by 80 percent within five years.
"We're very disappointed, especially considering they didn't hold any public meetings before the vote and they didn't even consider the environmental impact of an (injunction)," said Adrian Martinez, an attorney with the Natural Resources Defense Council.
In response to the vote, the NRDC plans to file a counter-lawsuit this week contending the FMC's decision was made illegally and without consideration of federal environmental laws - namely the National
Environmental Policy Act. NEPA requires federal agencies to prepare environmental assessments of their actions, no matter how minor.
Wednesday's vote comes as the ports contend with a separate legal showdown with the American Trucking Associations, a trade group seeking to block enforcement portions of the Long Beach-Los Angeles truck plan.
That case, which was initially rejected by federal judge in Los Angeles, is currently weaving its way through the Ninth Circuit Court of Appeals.
The Washington, D.C.-based FMC is responsible for overseeing compliance with the nation's maritime trade laws and ensuring that port authorities maintain "just and reasonable" practices allowing the free flow of trade.
To fund the turnover, the ports are offering subsidies of up to 80 percent on all new rigs, which typically cost between $100,000 and $200,000 each.
About 16,000 diesel rigs currently serve the San Pedro Bay harbor, which handles more than 40 percent of America's international trade.
Gov't Inching Toward Suit to Block Parts of Ports' 'Clean Truck' Plan
10/30/2008
By Kristopher Hanson
A divided Federal Maritime Commission voted Wednesday to file a lawsuit in coming days to block aspects of the "Clean Trucks" program adopted in the ports of Long Beach and Los Angeles.
In a 2-1 vote, the agency determined that portions of the cities joint plan to rid the harbor of older, polluting diesel trucks violates federal trade law by sapping competition and causing "unreasonable" increases in shipping costs.
While both ports are named in the suit, the Port of Los Angeles is targeted specifically for adopting a plan requiring trucking companies serving the the L.A. port to hire employee drivers no later than 2014.
"The Commission believes that surgical removal of substantially anti-competitive elements of the (Clean Trucks) agreement, such as the employee mandate, will permit the ports to implement on schedule, those elements of the (Clean Trucks Plan) that produce clean air and improve public health," according to an FMC statement.
FMC officials were vague Wednesday about which portions of the "Clean Trucks" plan they would seek to block, saying that the lawsuit, expected to be filed by Friday, would provide necessary details.
Commissioner Joseph Brennan dissented, but could not be reached for comment.
If an injunction is granted in federal court, it could delay or halt the rollout of new, cleaner trucks into service in San Pedro Bay, which air quality regulators list as one of the most polluted regions of America.
The plan began Oct. 1, with a ban on all pre-1989 trucks. It continues through 2012, when only rigs meeting federal 2007 emission standards would be granted access to waterfront marine terminals.
Tests show 2007 trucks are up to 90 percent cleaner than older rigs.
Port authorities said maintaining the program as written is critical, but declined to comment on the lawsuit, saying they had not yet seen it.
"There's not much to comment on as far as how it would affect us," said Port of Long Beach spokesman Art Wong. "We won't know until we see exactly what they want to stop."
The FMC decision drew immediate condemnation from environmental groups, who said an injunction could sabotage a program expected to slash diesel pollution from trucks by 80 percent within five years.
"We're very disappointed, especially considering they didn't hold any public meetings before the vote and they didn't even consider the environmental impact of an (injunction)," said Adrian Martinez, an attorney with the Natural Resources Defense Council.
In response to the vote, the NRDC plans to file a counter-lawsuit this week contending the FMC's decision was made illegally and without consideration of federal environmental laws - namely the National
Environmental Policy Act. NEPA requires federal agencies to prepare environmental assessments of their actions, no matter how minor.
Wednesday's vote comes as the ports contend with a separate legal showdown with the American Trucking Associations, a trade group seeking to block enforcement portions of the Long Beach-Los Angeles truck plan.
That case, which was initially rejected by federal judge in Los Angeles, is currently weaving its way through the Ninth Circuit Court of Appeals.
The Washington, D.C.-based FMC is responsible for overseeing compliance with the nation's maritime trade laws and ensuring that port authorities maintain "just and reasonable" practices allowing the free flow of trade.
To fund the turnover, the ports are offering subsidies of up to 80 percent on all new rigs, which typically cost between $100,000 and $200,000 each.
About 16,000 diesel rigs currently serve the San Pedro Bay harbor, which handles more than 40 percent of America's international trade.