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"CLEAN TRUCKS" LAW SUIT * USA - This, You Call a Slam Dunk?
After months of chest-thumping, the trucking industry has finally filed its lawsuit against the Clean Trucks Programs of the Ports of Los Angeles and Long Beach
Santa Monica,CA ,USA -Switchboard, from NRDC, by David Pettit -July 28, 2008: -- ... Industry’s legal arguments will fare no better. First, they rely heavily on the recent Rowe vs. New Hampshire Motor Transport Association case from the U.S. Supreme Court for the argument that the ports can’t admit some trucks (i.e. clean trucks) and deny admittance to others (dirty trucks)... The ATA says that Rowe means that the Ports can’t keep dirty trucks off their property. But ATA’s argument is wrong because even if a court finds the programs preempted, under the “market participant” doctrine, the ports, as landlords, can choose who they do or don’t want to do business with, and who can or can’t come onto their property... Second, industry argues that the Commerce Clause of the U.S. Constitution bars the ports from telling dirty trucks in interstate commerce that they can’t work at the ports... This is wrong also because the Commerce Clause (actually, the “dormant Commerce Clause,” for constitutional nitpickers) does not draw a bright line between permitted and illegal in a case like this, but rather requires a balancing test that looks at the local interests and the degree of impairment of interstate commerce. Here, the local public health interest is huge...
Labels: Clean Truck Program discussion
posted by Unknown @ 5:11 AM
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