NRDC and green groups sue FMC over SoCal truck program

The National Resources Defense Council and two other environmental groups filed suit in federal court Monday against the Federal Maritime Commission, alleging that the agency violated federal environmental laws in seeking to block portions of the Southern California ports truck re-regulation program.

   The NRDC, along with co-plaintiffs the Sierra Club and the Coalition for Clean Air, argue that the FMC failed to consider the environmental and health impacts when the agency sought a federal injunction two weeks ago to block portions of the truck program.

   The FMC, which was warned by the groups several weeks ago that such a suit might be filed, has said the agency is charged with upholding the Shipping Act of 1984 and perusing any violations of it. The FMC determined the ports likely violated the Shipping Act by implementing several components of the truck program that, in the agency抯 opinion, would unreasonably increase transportation rates in the ports.

   On Oct. 1, the ports launched the truck program by banning pre-1989 trucks from port service and by requiring that all trucking firms serving the two ports obtain access licenses from the ports. A final component of the truck program, collection of a $35-per-TEU tax, is set to begin later this month.

   Developed jointly by the two ports to cut ports-generated diesel emissions from the local drayage fleet now calculated at more than 19,000 trucks, the program seeks to replace the local drayage fleet with newer post-2007 vehicles. The two ports have slightly differing stipulation for truck firms and the program as implemented by the Port of Los Angeles was targeted more heavily by the FMC.

   The NRDC, which has been a vocal proponent of the Los Angeles program, also threatened to sue the Port of Long Beach earlier this year with violations of environmental law if port officials did not adopt the Los Angeles version of the program. Long Beach officials, however, refused to do so and the NRDC never filed suit.

   The truck plan is also facing several other court battles, including a U.S. District Court suit by the American Trucking Associations and a Ninth Circuit Court of Appeals case with the U.S. departments of Justice and Transportation, and the ATA seeking an injunction against portions of the truck program.

Source: American Shipper