Court upholds L.A. port Clean Truck program

Posted on 01 September 2010 by Rhonda Flathman

A U.S. District Judge cleared the air last week, allowing for the Port of Los Angeles to move forward with its Clean Truck Program. The American Trucking Associations (ATA) had challenged the move, contending the program did not comply with federal laws governing interstate commerce and transportation safety. Port officials expressed optimism that the ruling would make it possible for them to expand the port, while enforcing emissions standards. But they are waiting for the go-ahead from the Los Angeles Harbor Department on when enforcement may be. Compliance schedules may be extended. The next meeting of the Los Angeles Harbor Commission currently is anticipated to take place on Sept. 16 or 23.

LA's Clean Port Program Gets Go-Ahead from CourtsU.S. District Judge Christina Snyder last week ruled in favor of the City of Los Angeles and the Port of Los Angeles in a lawsuit brought by the American Trucking Associations over the port’s Clean Truck Program. The court late Thursday, Aug. 26, awarded judgment in favor of the city and ruled that the Concession Agreement provisions are enforceable. “We are disappointed with the decision, and believe it is clearly erroneous as a matter of law,” ATA said in a statement.

Snyder rejected ATA’s arguments that the plan was not in compliance with federal laws regarding interstate commerce and transportation safety. Snyder ruled that the agreement’s employee provision would protect the port’s financial investment in subsidized vehicles and ensure that drivers have the available funds to maintain the new, cleaner truck fleet. The 57-page ruling said air pollution from trucks had jeopardized the port’s future as a commercial enterprise, with emissions-related lawsuits stalling its growth.

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