The opaque halls of the Federal Maritime Commission will be active in February when it must decide whether to continue its path of obstructionism and block the Ports of Los Angeles and Long Beach from collecting a clean truck fee, virtually crippling the landmark clean trucks program at the ports.

Last week, the Commission denied a request to expedite the review of the "Port Check" agreement, which would allow for the Ports of Los Angeles and Long Beach to receive container fees to fund the replacement or retrofit of the decrepit, filthy trucks that service the ports.  The Commission vote was 2-1 to continue the needless delay in reviewing an agreement that will literally save many lives.  As the dissenter, Commissioner Brennan noted in his press release, "the refusal by the Commission majority to expedite its review of the Port Fee Services Agreement represents the sixth time that the majority has voted to, in effect, delay or block aspects of the Ports' environmental program."  On February 13, the Commission's review period will be complete, and the agency must decide whether it wants to continue to block progress on clean air or work for the public interest and allow the critical clean truck fee to move forward.   

I am hopeful that the Commission will not try to block the fee.  As the Journal of Commerce analyzes a recent court filing by the Commission, "[t]he FMC told the court that its concern is not with the impact of the ports' agreement on environmental and public health benefits."  Attempting to block the clean truck fee will be a direct contradiction of these affirmations made to a federal judge. However, my assumptions about good governance by an agency have been wrecked repeatedly as the majority continues to stall and block any and all progress by the ports to reduce air pollution caused by the dilapidated fleet of 17,000 diesel trucks.

If history provides a lesson about how this will shake out, the Commission decision on the Port Check Agreement will happen close to February 13 in a hearing without public oversight.  The public will not be apprised of what is happening until a press release announces the Commission's actions.  There will be little detail or rationale provided as explanation for why the Commission acted the way it did.  The preferred action here is for the Commission to allow the clock to run out on the review period, which means the agreement goes into effect and funds for cleaner trucks will be available. 

Washington, D.C. is brimming with activity this week as our new president is sworn in.  The message is of hope and progress, not delay and dirty air.  Hopefully, the Commissioners and the Commission staff were watching the inauguration festivities instead of scheming how to deprive residents of Los Angeles and Long Beach from cleaner air.