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CLEAN TRUCKS * USA - FMC judge allows petitioners in S. Calif. trucks case
Newark,NJ,USA -The Journal of Commerce Online, by R.G. Edmonson & Bill Mongelluzzo -January 23, 2009: -- A Federal Maritime Commission administrative law judge has ruled that petitioners in the Port of Los Angeles-Long Beach clean-trucks case can intervene in the proceedings.... The FMC administrative law judge’s order allows supporters and opponents of the anti-pollution program to use discovery procedures to collect information from the two port authorities and terminal operators that sought FMC approval for the plan... The FMC is concerned that certain concession requirements in the ports’ programs could reduce trucking competition and raise rates. The FMC’s main concern involves a Port of Los Angeles mandate that motor carriers employ drivers rather than contract with independent owner-operators... Petitioners in the case include the American Trucking Associations; Owner-Operator Independent Drivers Association; three environmental groups filing jointly -- the Natural Resources Defense Council, the Sierra Club, and the Coalition for Clean Air -- and the National Association of Waterfront Employers... In a separate case involving the Southern California clean-trucks program, the U.S. Court of Appeals for the 9th Circuit has set oral arguments for March 4 in Pasadena. That case involves a request by the American Trucking Associations for a preliminary injunction against the ports’ concession requirements... The ATA charges that a U.S. District Court in Los Angeles last summer erred in denying its request for a preliminary injunction based on truck safety and national security reasons. That decision is under appeal before the 9th Circuit...
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