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CLEAN TRUCKS CHALLENGE * USA - Headed for the Top
Litigation likely to go all the way to the Supreme Court
Newark,NJ,USA -The Journal of Commerce Magazine, by Bill Mongelluzzo -Mar 4, 2009: -- The U.S. Court of Appeals for the 9th Circuit will hear arguments in the American Trucking Associations' challenge to the Los Angeles-Long Beach clean-trucks plan, but litigation involving the controversial program will continue on for years regardless of what happens in the Pasadena courthouse... Litigation challenging the right of local and state bodies to regulate interstate commerce is complex and open to appeals. This case could be appealed all the way up to the Supreme Court of the United States, said Charles T. Carroll, executive director of the National Association of Waterfront Employers... The National Resources Defense Council, which is supporting the ports in the lawsuits, maintains that only large, well-financed motor carriers will have the pricing power and revenue needed to replace as many as 16,000 old trucks with new, low-emission trucks that cost about $100,000 each... David Pettit, senior attorney and director of the NDC's Southern California Air Program, said a sustainable trucking industry is a prerequisite for a viable clean-trucks program. "If it doesn't make economic sense, it doesn't make environmental sense," he said... Wednesday's hearing before the 9th Circuit court is on the ATA's request for a preliminary injunction against certain concession requirements. The FMC, meanwhile, is challenging the concession requirements in the Washington court, and the commission has also launched its own investigation of the clean-truck requirements that could extend into next year.Labels: clean trucks suit
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