Federal judge: Port of Los Angeles’ clean trucks program can proceed

Judge: LA Port’s clean trucks program can proceed

LOS ANGELES — A federal judge ruled Thursday that the Port of Los Angeles can regulate trucks that haul goods in and out of its property to reduce air pollution around the country’s busiest port complex.

U.S. District Court Judge Christina Snyder ruled that the port’s Clean Trucks Program can require big rigs entering the port to comply with strict diesel emissions standards and eliminate owner-operator drivers.

The American Trucking Associations sued in 2008, arguing that the ports cannot require companies to hire drivers as direct employees because it would stop independent owner-operators from working the harbor.

The trucking industry group said it supported the port’s clean air goals, but the employee mandate would violate a federal law that prohibits states and local entities from regulating interstate trucking prices, routes and services.

The port’s attorneys argued that federal law allows regulations that directly influence safety and security at the port.

In 2008, Snyder declined to block the new requirements because of a loophole in federal law that allows states to impose safety requirements on trucks. The 9th U.S. Circuit Court of Appeals ordered a temporary injunction and remanded the case to District Court.

While Snyder ruled that some parts of the program were pre-empted by the federal government and not all the rules had to do with safety, she found the port should be able to take steps to regulate air pollution to stay competitive in the marketplace.

She wrote that the port is a “market participant,” which allows it to take action to maintain its commercial operations, “as any private landlord or facilities operator would.”

Air pollution has “interfered with Port growth and has jeopardized the Port’s continued viability as a commercial enterprise,” she wrote.

Snyder also ruled that the employee mandate will make sure drivers can afford to maintain environmentally friendly trucks and protect the port’s investment in subsidized vehicles.

The ATA also argued that the employee mandate would allow unions to organize drivers at the port, and that unionization will lead to reduced competition and increased transportation costs.

Calls to the ATA were not returned late Thursday.

The port’s executive director, Geraldine Knatz, said she was pleased with the decision, which will help “provide a more safe and secure trucking system in the long term.”

“It’s a victory of national significance because it means port across the country are free to enact programs like LA’s without question,” said Natural Resources Defense Council attorney David Pettit, who argued in favor of the program at trial.

TJ Michels, Coalition for Clean and Safe Ports, celebrated the ruling.

“This is a huge victory for anyone who breathes the air in Southern California. It’s a big victory for truck drivers who want to have good green jobs,” she said. “This is a sustainable program that’s no longer subsidized by the lungs of residents.”

The ATA’s original lawsuit also included the Port of Long Beach, but later settled after the port agree to remove the employee provision in its version of the Clean Trucks Program.

(This version CORRECTS Corrects name of NRDC, minor edits)