Post by HardTimeTrucker on Aug 28, 2008 21:54:46 GMT -5
Logistics World News
08-27-08
Challenge to Port Clean Truck Plan May Revive PM RCRA Suit
An industry effort seeking a court injunction against the Los Angeles and Long Beach ports for enacting a cleanup program for trucks and equipment serving the ports, if successful, may revive a dormant claim under the Resource Conservation & Recovery Act (RCRA) that particulate matter (PM) emissions constitute hazardous waste under the air act.
The American Trucking Associations (ATA) July 28 filed a complaint in the U.S. District Court for the Central District of California against the cities of Los Angeles and Long Beach, as well as the Board of Harbor Commissioners for each of the cities, challenging a plan to clean up pollution from trucks and other port equipment. ATA is seeking an injunction to stop the plan from taking effect Oct. 1 by charging that it violates the Constitution's interstate commerce clause, which prohibits states from regulating interstate commerce, and the Federal Aviation Administration Authorization Act, which promotes uniform regulation of motor carriers.
"Although unconstitutional state or municipal interference with exclusive federal powers over interstate commerce cannot be upheld on any grounds, the defendants cannot justify forcing trucking companies and thousands of independent owner-operator truck drivers to fundamentally change their business models or stop servicing the ports altogether under the halo of a 'Clean Trucks' plan," the July 28 complaint says. Relevant documents are available on InsideEPA.com. See page 2 for details.
If ATA is successful, that would revive an action by the Natural Resources Defense Council (NRDC), which filed a notice-of-intent-to-sue the Port of Long Beach Feb. 6, launching a novel RCRA claim.
NRDC argued in a notice-of-intent-to-sue that the facility is improperly disposing of wastes such as arsenic, cadmium, nickel, lead, mercury and other compounds "onto the land and into water while attached to or associated with diesel particulate matter (collectively referred to as 'diesel particulate hazardous waste')."
NRDC dropped the claim after the ports adopted the cleanup plan, but a successful injunction by the industry against the ports for enacting a cleanup plan would spur the group to revive the claim, an environmental attorney says.
Both the ports' cleanup plan and the RCRA claim seek to accomplish similar goals, including mandating the use of low-sulfur fuel, and retrofits to reduce emissions from the exhaust of trucks and other equipment at the port.
Meanwhile, the controversy over the plans by two of the biggest ports in the country to reduce pollution comes as states and environmentalists are increasingly turning their attention to the fast-growing and largely unregulated sources of PM, air toxics and other pollutants at ports.
The injunction hearing in the case is set for Sept. 8, and the environmentalist attorney says activists will seek to defend the clean ports plan against industry claims by arguing that it regulates the use of private land and, as such, the owners can determine who can come onto their property and under what circumstances.
The clean ports' plan approved by the ports of LA and Long Beach was in part a response to pressure from environmentalists to achieve emissions reductions at the sites, which are located in densely populated urban areas. Diesel-burning trucks and equipment contribute significantly to ambient pollution in the surrounding areas, studies show.
08-27-08
Challenge to Port Clean Truck Plan May Revive PM RCRA Suit
An industry effort seeking a court injunction against the Los Angeles and Long Beach ports for enacting a cleanup program for trucks and equipment serving the ports, if successful, may revive a dormant claim under the Resource Conservation & Recovery Act (RCRA) that particulate matter (PM) emissions constitute hazardous waste under the air act.
The American Trucking Associations (ATA) July 28 filed a complaint in the U.S. District Court for the Central District of California against the cities of Los Angeles and Long Beach, as well as the Board of Harbor Commissioners for each of the cities, challenging a plan to clean up pollution from trucks and other port equipment. ATA is seeking an injunction to stop the plan from taking effect Oct. 1 by charging that it violates the Constitution's interstate commerce clause, which prohibits states from regulating interstate commerce, and the Federal Aviation Administration Authorization Act, which promotes uniform regulation of motor carriers.
"Although unconstitutional state or municipal interference with exclusive federal powers over interstate commerce cannot be upheld on any grounds, the defendants cannot justify forcing trucking companies and thousands of independent owner-operator truck drivers to fundamentally change their business models or stop servicing the ports altogether under the halo of a 'Clean Trucks' plan," the July 28 complaint says. Relevant documents are available on InsideEPA.com. See page 2 for details.
If ATA is successful, that would revive an action by the Natural Resources Defense Council (NRDC), which filed a notice-of-intent-to-sue the Port of Long Beach Feb. 6, launching a novel RCRA claim.
NRDC argued in a notice-of-intent-to-sue that the facility is improperly disposing of wastes such as arsenic, cadmium, nickel, lead, mercury and other compounds "onto the land and into water while attached to or associated with diesel particulate matter (collectively referred to as 'diesel particulate hazardous waste')."
NRDC dropped the claim after the ports adopted the cleanup plan, but a successful injunction by the industry against the ports for enacting a cleanup plan would spur the group to revive the claim, an environmental attorney says.
Both the ports' cleanup plan and the RCRA claim seek to accomplish similar goals, including mandating the use of low-sulfur fuel, and retrofits to reduce emissions from the exhaust of trucks and other equipment at the port.
Meanwhile, the controversy over the plans by two of the biggest ports in the country to reduce pollution comes as states and environmentalists are increasingly turning their attention to the fast-growing and largely unregulated sources of PM, air toxics and other pollutants at ports.
The injunction hearing in the case is set for Sept. 8, and the environmentalist attorney says activists will seek to defend the clean ports plan against industry claims by arguing that it regulates the use of private land and, as such, the owners can determine who can come onto their property and under what circumstances.
The clean ports' plan approved by the ports of LA and Long Beach was in part a response to pressure from environmentalists to achieve emissions reductions at the sites, which are located in densely populated urban areas. Diesel-burning trucks and equipment contribute significantly to ambient pollution in the surrounding areas, studies show.