Port Action Could Harm Truckers, Says Court

On its October 1, 2008, launch date, the Clean Truck Program immediately banned trucks built before 1989 from hauling cargo in and out of cargo terminals at the ports of Los Angeles and Long Beach. By 2012, the Program would bar from the port complex any truck that doesn’t meet the cleanest 2007 emission standards.

Earlier this year, the Port of Los Angeles (http://www.portoflosangeles.org) began the process of distributing an estimated $44 million in incentive checks to its Clean Truck Program (CTP) concessionaires that have already committed to deploying new, privately funded clean trucks into drayage service in advance of CTP schedule requirements.

J.C. Penney Company, Inc. and the PDS Trucking, Inc. subsidiary of Pacer Distribution Services, Inc., were among companies taking major steps to convert 100% of the truck fleet handling JCPenney imports at the ports of Los Angeles and Long Beach to low-emissions, clean-diesel technology. The companies announced the delivery of more than 20 new Kenworth T-800 tractors that would replace aging diesel trucks in use by independent owner-operators in Pacer’s port network.

Los Angeles Mayor Antonio Villaraigosa noted in his response to the most recent court ruling, “While the District Court has been asked to undertake further proceedings with respect to the case, the City of Los Angeles is pleased that the centerpiece components of the Clean Truck Program that are currently in effect— i.e., the dirty truck ban and clean truck fee—remain intact for the benefit of thousands of Southern Californians who are already breathing cleaner air less than six months after the Clean Truck Program’s implementation.”

The mayor continued, saying, “Our Clean Truck Program is reducing toxic port truck pollution at an accelerated pace, and today’s ruling by the Ninth Circuit Court of Appeals does not challenge the truck ban schedule or truck fees that are helping us successfully battle this health crisis. We are committed to fighting this case because our Clean Truck Program is the most sustainable plan for ensuring a clean, safe and secure trucking system for the long-haul at the Port of Los Angeles.”