Adrian Martinez's Blog
Keep on Truckin: Ports of LA and LB Clean Trucks Programs Moving Forward
September 24, 2008
Posted by Adrian Martinez in Curbing Pollution , Environmental Justice , Health and the Environment
When I was thirteen years old, I purchased a "keep on truckin" patch that I placed on my backpack. Back then, I thought it was a pretty cool design, but I did not know much about Robert Crumb or for that matter big rig trucks rumbling through the streets of LA and Long Beach. However, this phrase has a greater meaning to me and harbor area residents this week because a federal court of appeals told the ports of Los Angeles and Long Beach that they can "keep on truckin" towards cleaner and more sustainable port operations.
The United States Court of Appeals for the Ninth Circuit denied the American Trucking Associations emergency request for a preliminary injunction to stop both ports from implementing parts of their clean trucks programs. The Ninth Circuit determined that the ATA "has failed to establish that it will be irreparably injured absent an injunction, or that the public interest lies in favor of granting an injunction." So, the major legal hurdles have been removed to meeting the October 1st deadline when the oldest trucks servicing the ports will be banned from port operations, and only responsible trucking companies large and small will be allowed to enter onto port land.
On the other coast, the Federal Maritime Commission ("FMC"), an administrative agency that oversees a statute called the Shipping Act discussed the clean trucks programs in closed session today. The FMC announced that it will launch an investigation into certain parts of the clean trucks programs. Although this may sound bad, as we understand it, the FMC does not intend to delay the start date of the clean trucks programs. In a dissenting opinion, Commissioner Brennan voiced that the FMC should not conduct the investigation into the clean trucks programs. He stated "[w]hile the investigation does not technically delay the Ports' plans to move forward, it will create a legal cloud over the Ports' plan to clean up the air and to create jobs through port expansion." Commissioner Brennan obviously has seen the perpetual cloud of smog hovering over LA. At the same time, we are confident that a fair and honest review by the FMC will find that the clean trucks programs are "just and reasonable." Considerable time went into crafting these programs and as two courts have already determined, the public interest favors letting these programs move forward pending court review. In addition, this is good news for those favoring port expansion because cleaning up the trucks is one of the critical elements for "green growth" at the ports.
So, residents in Southern California can breathe a little bit easier this weekend knowing that the Ninth Circuit Court of Appeals did not throw up roadblocks to stop these ports in their quest to protect residents by creating safer and cleaner ports on October 1st.
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- Adrian Martinez
- Project Attorney, Southern California Air Team
- Santa Monica
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