Los Angeles port, truckers group head for court
National association is seeking an injunction to block the clean truck program on grounds it imposes intrusive regulatory systems' on motor carrier rates and services.
The nation's busiest port complex and the largest trucking association are expected to face off in federal court today to resolve a vexing question:
Who would suffer more from the landmark clean trucks program set to begin Oct. 1: the trucking industry or residents affected by toxic diesel emissions?
The answer could determine whether the program will launch on time -- and whether massive expansion projects will proceed at the Los Angeles-Long Beach port complex, already the gateway for 40% of the nation's imported goods.
The $1.6-billion program aims to improve air quality by replacing a fleet of 16,800 old, exhaust-spewing trucks with newer, cleaner models.
Beginning Oct. 1, pre-1989 trucks will be banned from the adjacent ports of Los Angeles and Long Beach. By 2012, only trucks that meet or exceed 2007 standards will be allowed entry.
The goal is to rid local skies of tons of carcinogenic pollution and particulates linked to thousands of premature deaths and respiratory ailments. Port officials hope the program's launch will persuade environmentalists to stop raising legal objections to expansion projects designed to meet future growth at the ports.
The 2007 clean trucks program was crafted by environmentalists, drivers, shippers, city officials, community leaders and the ports after years of often contentious debate.
But now the American Trucking Assn. says it has discovered serious flaws with the proposal.
In an interview, Curtis Whalen, head of the association that represents 37,000 trucking companies nationwide, said his group was seeking an injunction to block the program on grounds it imposes "intrusive regulatory systems" on motor carrier rates and services. He also argued that the program would "result in far fewer trucking companies being able to serve" the ports.
Of particular concern to truckers is a Port of Los Angeles plan that would require formation of concessions, companies that would employ some of the thousands of drivers who currently operate as independent owner-operators.
Concession requirements are designed to give the ports -- as landlords -- enforcement powers over big rigs entering the harbor area. This, in turn, would give the ports influence over hiring decisions, truck maintenance and driver health insurance, among other issues.
"Let's be clear: We are not against clean trucks," Whalen said. "We are objecting to concession plans that are going to squeeze out a lot of existing motor carriers and thousands of independent owner-operators."
