San Pedro Bay Clean Truck Programs attacked by IANA
The Intermodal Association of North America has thrown its weight behind the American Trucking Association’s objections to the San Pedro Bay ports’ joint Clean Truck Program.
As previously reported (WorldCargo News online 20 July 2008 and July 2008 print, p38), the Port of Long Beach (POLB) has placed orders for 300 new container drayage trucks to jump start its landmark Clean Truck Program (CTP).
Under the CTP, as of October POLB will bar 1988 and older trucks from entering port shipping terminals. By 2012, it is planned that all 2006 and older trucks will be banned from the port and replaced by a new fleet, with the object of reducing truck-related pollution by 80%.
Shortly after POLB announced its US$35M investment in new trucks, the American Trucking Association (ATA) filed litigation against the CTP, but POLB responded that it would press ahead with its policy whilst its lawyers reviewed the ATA lawsuit.
The CTP is a joint initiative of POLB and the Port of Los Angeles (POLA) under their joint Clean Air Action Plan (CAAP). Only a week ago, POLA stated that it has received letters of intent from two major national motor carriers, Swift Transportation, Inc and Knight Transportation, to become port drayage concessionaires under its CTP.
As that announcement was made, both the San Pedro Bay ports filed their opposition, in the US District Court in Los Angeles, to the preliminary injunction motion from ATA.
In a new development, the Intermodal Association of North America (IANA) has declared its support for the ATA lawsuit. IANA’s position is that it is “contrary to Federal actions and public policy for states and localities to enact laws and regulations that impose unreasonable burdens and restraints on interstate and international commerce.”
Ted Prince, chairman of IANA, said: “The evolving patchwork of local, State and Federal clean air regulations will only serve to increase costs, decrease efficiencies, and ultimately balkanise operations for all participants. At a time when the economy is struggling to recover, injecting uncertainty into the stability and performance of our global supply chain is just bad business.”
IANA’s intervention is significant. The association has more than 900 members representing all segments of the intermodal transportation industry, including steamship lines, ports, marine terminal operators, railroads, motor carriers and intermodal drayage firms, third-party logistics providers, and industry equipment and service suppliers. Associate members include shippers, academic institutions, government entities and non-profit associations.
The Court will hold a hearing on ATA's motion for a preliminary injunction on 8 thSeptember and a decision is expected sometime after that date. POLB executive director Richard Steinke said: The ATA lawsuit directly attacks the ports' efforts to reduce truck-related pollution and improve the safety, security and efficiency of port operations, We strongly believe that our plan is lawful and we will vigorously oppose any action that will delay the Clean Trucks Program."
POLA’s executive director Dr. Geraldine Knatz added: "I believe that a substantial delay in the implementation of our Clean Truck Program will have dire consequences for the air quality in the area in and around the port, for the people who work at the port or live nearby, or near the transportation corridors used by trucks serving the port, and for the future of the Port as an enterprise."
The ports have submitted to the District Court testimony of Dr Elaine Chang, deputy executive director of the South Coast Air Quality Management District, that the area surrounding them suffers an average cancer risk from air pollution that is more than 60% higher than the average in the South Coast Air Basin.
They have also submitted testimony from an undisclosed number of licensed motor carriers (LMCs) who disagree with ATA’s claims that the CTP concession programme would disrupt the trucking business at the ports.The LMCs testify that they do not expect it to disrupt their businesses or to cause them to incur financial losses.
It would seem, therefore, that ATA is itself split on the ports' CTP and that could weaken its position in the eyes of the Court.
