Post by porttalk on Nov 11, 2008 15:53:00 GMT -5
NRDC, Sierra Club, Coalition for Clean Air Sue Feds In Support Of Ports' Clean Trucks Programs
By Sharon Katchen
Nov. 11, 2008
The Natural Resources Defense Council, Sierra Club & Coalition for Clean Air have fired the latest salvo in legal battle over the Clean Trucks Programs of the Ports of LB and LA, filing a federal court lawsuit today (Nov. 10) alleging that the Federal Maritime Commission violated environmental laws when it attempted last month to block clean truck programs at the ports of Los Angeles and Long Beach.
NRDC alleges; "The maritime commission failed to consider the public health and environmental damage that would result from its intervention, thereby violating several bedrock environmental laws."
NRDC Southern California staff attorney Melissa Lin Perrella says in the release: "The commission is standing in the way of public health. The ports need to get old, diesel-belching rigs off the road."
She adds, "Residents don't have time to wait for clean air and we're already seeing an improvement at the ports by removing some of the dirtiest trucks. In seeking an injunction, the commission willfully ignored relevant public health information and denied requests for a public hearing."
As previously reported by LBReport.com, on October 29 the Federal Maritime Commission voted (2-1) to direct its staff to seek an injunction blocking parts of the
Ports' "Clean Trucks Program" on grounds that implementation of certain portions of it "are likely, by a reduction in competition, to produce an unreasonable increase in transportation cost or unreasonable reduction in service."
Meanwhile, in a separate action in the 9th circuit U.S. Court of Appeals, the U.S. Justice Dept. has filed comments supporting the position of the American Trucking Associations. The industry group filed suit to block the Clean Trucks Program on grounds the Ports' concession requirements are preempted by federal law; a federal district court upheld the program and the industry group is appealing that ruling.
In September 2008, the Appeals Court declined to grant an injunction to the Truck Association that would have prevented the Clean Trucks program from taking effect on October 1...but the Truck Associations' underlying federal appeal continues.
