Clean Trucks Program Allowed to Go Forward
A federal judge on Sept. 9 issued a decision that favored the ports of Los Angeles and Long Beach in their fight to have truckers and trucking companies secure operating concessions to pick up cargo at the docks.
U.S. District Court Judge Christina A. Snyder in Los Angeles denied a preliminary injunction requested by the American Trucking Associations. The Washington D.C.–based ATA was seeking a preliminary injunction in its case objecting to the concession requirement of the new Clean Trucks Program, which goes into effect at both ports on Oct. 1.
The program is meant to take old, polluting trucks off the roads and replace them by 2012 with cleaner-burning trucks that meet 2007 EPA standards. Starting Oct. 1, no pre-1989 trucks will be allowed inside the ports’ terminal gates. The ports, through a $35-per-20-foot container fee that also starts Oct. 1, are allotting $1.6 billion to help trucking companies buy newer trucks.
The Port of Los Angeles wants only licensed trucking companies and their employee drivers to participate in the program.
The Port of Long Beach is taking a different approach. It is allowing independent truck drivers to pick up cargo if they have a concession with the port and have trucks that comply with the program’s environmental requirements.
During a hearing on the issue in federal court Sept. 8, Robert Digges, the trucking industry’s attorney, noted that the ports’ requirement will eliminate competition in the trucking industry, going against Congress’ efforts in the 1980s to deregulate the trucking industry to increase competition.
“The ports think if we have a smaller group of motor carriers, we will have a system that will work better, and under that kind of system we will be able to more readily advance our environment goals and our security goals,” Digges said. “That is still not an excuse for preemption.”
Steven Rosenthal, one of the port attorneys, noted it was critical for the ports to be able to hold trucking companies accountable for operating and maintaining clean trucks and hiring licensed drivers. “The concession agreement allows us to take enforcement action against a licensed motor carrier,” he said, noting that the required maintenance program is essential to the Clean Trucks Program.
The judge based her decision primarily on a security issue raised by the ports, saying they could better keep weapons of mass destruction, narcotics and other items out of the port.
The ATA said it would appeal the decision. However, the appeals process is lengthy, and a decision by the U.S. 9th Circuit Court of Appeals probably wouldn’t be made before the Clean Trucks Program starts. —Deborah Belgum
