LA’s clean truck programme challenged

Lawyers acting for the American Trucking Association have argued that the port and the city of Los Angeles does not have broad authority to regulate trucking companies – that they say only rests with the federal government.

The Clean Truck Programme, introduced in October 2008, instituted a series of phased-in bans for trucks that did not meet the 2007 Federal Clean Truck Emissions Standard. Under the concession programme upheld by the lower courts, the port can act as a privately owed port firm and impose conditions which can restrict trucks from its facility.

Geraldine Knatz, executive director, POLA, said to Port Strategy: “The Clean Truck Programme has played a critical role in reducing harmful emissions by more than 90% from trucks operating at the Port of Los Angeles. A key component of the Clean Truck Programme is our concession agreement and we’re confident that its provisions upheld by the lower courts will be upheld by the United States Supreme Court.”

Port spokesman Phillip Sanfield added the two issues that the Supreme Court agreed to hear are whether the port’s Clean Truck Programme is not pre-empted because the port is a market participant, and whether the port can limit access to port property to be conditioned on compliance with the Clean Truck Programme.

“Both issues are important to the success of the Clean Truck Programme because the port has reduced harmful drayage truck emissions by 90% by limiting access to port property to clean trucks, and does so in order to promote its commercial business interests,” he said.