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Jan 18, 2011

CLEAN TRUCKS * USA - Truckers Launch Appeal

ATA filed opening brief in appeal opposing concession requirements

Los Angeles,CAL,USA -The Journal of Commerce Online, Bill Mongelluzzo -Jan 3, 2011: -- The American Trucking Associations filed its opening brief with the U.S. Court of Appeals for the 9th Circuit, charging that the U.S. District Court in September erroneously upheld the concession requirements in the Port of Los Angeles' clean-truck plan... The case is of national significance because it could play an important role in determining whether port authorities can regulate harbor trucking and promote the unionization of drivers... ATA stated that a major concern involves the impact of the Port of Los Angeles concession requirements on the prices, routes and services of motor carriers. State and local entities are prohibited from regulating motor carriers engaged in interstate commerce... ATA also questioned if the district court erroneously exempted the port from federal preemption law based on the port's market participant defense. The Port of Los Angeles argued that it is exempt from federal preemption law because it is a participant in the international port industry and is attempting to protect its commercial interests... Also, ATA questioned whether the port's concession requirements fall under the motor carrier safety exception of the Federal Aviation Administration Authorization Act, and whether the requirements are truly responsive to safety concerns... (Photo from sarahpalintruthsquad: Idling trucks at the Port of Los Angeles )


* Oregon - Clean-Trucks Program Starts Up

Seattle,OR,USA -The Journal of Commerce Online, by Bill Mongelluzzo -Jan 3, 2011: -- Program bans all 1993 and older trucks from port service... The Port of Seattle's clean-truck program went into effect over the weekend, with all motor carriers required to register their vehicles on the Drayage Truck Registry and all drivers required to display a Green Gateway sticker on their vehicles in order to gain access to marine terminals... The program, which is designed to support the Northwest Ports Clean Air Strategy, bans all 1993 and older trucks from port service. Since the registry was opened last year, some 4,000 trucks and 800 motor carriers have registered...  (Photo by JOHN LOK / THE SEATTLE TIMES: A column of trucks wait at the Port of Seattle)

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Sep 20, 2010

CLEAN TRUCKS * USA - Calif. to vote to halt emissions law

Vote on proposition may delay emissions law implementation for port trucks


(Video from YouTube, by WestportDotCom -8 Feb 2010: The Ports of Long Beach and Los Angeles are some of the busiest in the world. Find out how the Ports' "Clean Trucks Program"—replacing thousands of port trucks with ones that run on cleaner fuels such as natural gas—is making a big difference)
Sacramento,CAL,USA -eTrucker, by Jill Dunn -20 Sept 2010: -- The California Trucking Association is supporting a November ballot measure to temporarily suspend the state’s global warming law until the unemployment rate returns to 5.5 percent for a year... Proposition 23 would, for a time, halt California’s Global Warming Solutions Act of 2006, or Assembly Bill 32, including its cap-and-trade program and the state’s low-carbon fuel standard... If voters approve the proposition, also called the California Jobs Initiative, AB 32 measures would be delayed, including the port trucks requirement to meet increasingly strict emissions standards, starting last December and ending at the strictest level in 2012... Another rule that would be delayed is truck hybridization, which requires existing trucks and trailers to be retrofitted with technology to reduce emission and improve fuel efficiency, starting this year... Yes on 23, a coalition of governmental officials and companies including transportation, energy and forestry, say the proposition will save more than a million jobs that would otherwise be lost by sparing employers the costs of AB 32 compliance...

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Jul 29, 2010

CLEAN TRUCKS * USA - A Bill Lands in House

Nadler pushes to amend federal pre-emption law

Washington,DC,USA -The Journal of Commerce Online, by Bill Mongelluzzo -Jul 29, 2010: -- Rep. Jerrold Nadler, D-N.Y., on Thursday introduced a bill that would enhance the ability of ports to enact clean-air programs, while opening the door to unionization of harbor truck drivers... Nadler, a member of the House Transportation and Infrastructure Committee, said his Clean Ports Act of 2010 would amend the Federal Motor Carrier Act to allow ports to enact and enforce clean-trucks programs “above the current federal requirements”... The legislation has galvanized dozens of environmental, community, labor, transportation and shipper organizations to flood Congress with statements either in support of or against the bill...

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Apr 13, 2010

DEBATES & COMMENTS * USA - Truckers carry costs of getting cleaner

Los Angeles, CA,USA -Marketplace Sustainability Desk, by Sarah Gardner -April 12, 2010: -- The trucking industry is suing the Port of Los Angeles over a program to clean up trucks. The case could affect cargo and trucking industries all over the U.S. ... The trucking industry is most unhappy with how things are going at the biggest cargo port on the West Coast. It's suing the Port of Los Angeles over a program to clean up trucks. Their exhaust, specifically, from thousands of short-haul trucks that move stuff in and out of the port area. The case could affect the cargo and trucking industries all over the country. Also, how much consumers have to pay for the goods those trucks carry...

- SARAH GARDNER: It's a Friday morning at the port of Los Angeles. Big diesel trucks enter the port gates to haul billions of dollars of goods from the docks to nearby rail yards and warehouses. Thousands of these short-haul trucks go in and out each day. But the air is surprisingly free of sooty fumes.

- DAVID PETTIT: Yes, air quality from trucks has improved... (That's David Pettit at the Natural Resources Defense Council. The NRDC was instrumental in persuading the L.A. Port to gradually ban older, dirty trucks from the port and help subsidize new ones) ... The two-year-old program is succeeding. It's helped reduce truck pollution here almost 80 percent. But L.A. infuriated the trucking industry with what it saw as a pro-labor move. It required that drivers at the L.A. Port be employees of a trucking company, not independent contractors. That essentially ensured that the companies would have to buy all those shiny, clean trucks, not the drivers.

- CURTIS WHALEN: We believe it's clearly illegal... (Curtis Whalen represents the American Trucking Association. Last year the ATA won a temporary injunction against the employee mandate. It goes to trial in federal court this month)... There is no ability by the ports or anybody else, even at the state level, to tell us how we are to conduct our business. We operate under federal laws, and we believe it's a very sham issue to basically say, "In order to implement our clean air proposal, drivers have to be employees."... If the port's employee mandate provision prevails, it makes it easier for unions to recruit more truckers.

- FRED POTTER: There's no question that the Teamsters would like to organize these workers... (Fred Potter is port director for the International Brotherhood of Teamsters.) ... He says labor has teamed with environmentalists to bring more regulation to port trucking. He says the two allies may have different motives, but they both want to let ports have more say in setting standards at port facilities... The mission for these ports is to not only to be an economic stimulus for the region, but to promote and create good jobs. These aren't good jobs... Studies show that port drivers earn an average of $28,000 a year. Most of them are contractors, which trucking companies prefer. They say it gives them more flexibility when the economy turns sour. And it's brought the price of consumer goods down as well. But critics say it's also led to dirty, poorly-maintained trucks at the ports because contractors can't afford the upkeep.

- SARAH GARDNER: We talked to one L.A. driver who gave only his last name. Lopez insists the burden of paying for cleaner trucks should rest on trucking companies, not drivers worried about their next paycheck.

- LOPEZ: Right now it's bad... Lopez says before the ATA's injunction he got hired as an employee driver making a salary more like $37,000 a year. The company he worked for bought new, clean trucks and paid for gas, insurance and upkeep. But after the injunction, the firm went back to hiring contractors and transferred the costs of those clean trucks onto them. Lopez says many have to now lease the new trucks under arrangements where they end up netting only a few hundred bucks a week... There's people's sleeping in the trucks. They're not paying rent, they're basically starving. I've seen drivers sleeping in a day cab, in two seats, because they can't make it...

- SARAH GARDNER: The ATA contends many of the small trucking outfits at the ports are struggling as well and can't afford the newer trucks. They cost anywhere from $100,000 to $200,000. That's partly why L.A. would like to attract fewer but more well-heeled trucking firms to its port. It may mean less competition, but the NRDC's David Pettit argues it's the only way the port will sustain a clean trucks program long term.

- PETTIT: What would be better would be a business model where you have big, well-capitalized trucking companies that own the trucks, be able to maintain them, and repair them and replace them when the time came, because we don't want to keep doing this every two or three years... If the courts uphold L.A.'s employee mandate, other ports like New York and New Jersey may follow its lead. But the ATA's Curtis Whalen says they'll take the case all the way to the Supreme Court, if necessary.

* Comments

- By Steve Klutter. From Reno, NV, 12 April 2010: Kneejerk comments, just like Reno!!(Illogical anti-California rants)... The Port of Oakland also has required diesel cleanup-most of the neighborhood is minority poor and suffers health effects from soot. California is also asking ships to clean up. There have been subsidies for cleaner diesels, and some time after 2000 EPA mandated lower-sulfur fuels... Fact is, PM 10 pollution costs us all !!! Get with the 21st century Pleez!!

- By Paul Wood. From Panama City Beach, FL, 12 April 2010: "But critics say it's also led to dirty, poorly-maintained trucks at the ports because contractors can't afford the upkeep"... Patently FALSE! I can assure you, older tractors are simple to maintain and cost little to do so. What this is about is the state of California wanting perfection in pollution reduction NOW; Without concern for individuals, their families, or the collateral damage their knee-jerk reactions cause to everyday hardworking Americans.

- By Gerri Michalska. From DC, 12 April 2010: This is what has been going on in the US and they wonder why the middle class is disappearing or why wages have basically remained static. Then the Republicans don't want to raise the minimum wage, etc., but they won't vote for health care. Then Newt Gingrich says such absurd things as "the Republican Party, the party of work" - more like how the Republicans can exploit and impoverish the working class but Newt won't be up front and honest... This subcontracting of America is likely the main reason for the disappearing of the middle class beyond the reasons selfishness and greed. What are the Republicans doing about it?

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