Shippers Decry “Fast Statements” on Clean Trucks

A coalition of shipper and carrier groups, heating up the war of words over the Port of Los Angeles clean-trucks plan, issued a point-by-point rebuttal to claims environmental groups are making as they seek a change in federal law.

In a letter to Rep. James Oberstar, D-Minn., the trade coalition detailed five “misrepresentations” the environmental groups made in their plea for support from the chairman of the House Transportation and Infrastructure Committee and said the port already has all the authority it needs to regulate truck emissions.

“The ports have already been successful in the implementation of their programs and have exceeded the goals they have set for compliance,” the groups said in the Sept. 25 letter.

The National Resources Defense Council and Sierra Club last month wrote a letter to Oberstar explaining carving out an exemption to federal pre-emption of trucking regulation for harbor trucking is crucial to achieving clean-air goals at the nation’s ports.

The environmental community, along with the ports of Los Angeles, Oakland and New York-New Jersey, suggested federal law be amended to give ports regulatory authority over harbor trucking in their regions. The Federal Aviation Administration Authorization Act defines federal preemption authority over state and local entities in regulating interstate commerce, an extension of the Commerce Clause of the U.S. Constitution.

The trade groups said the environmental groups’ claim that the ports cannot enforce the clean-trucks plan without a requirement that drivers be employees of companies was “simply not true.” The claim that the change is needed to protect the clean-trucks program is “completely false,” the groups said, pointing to statements by Los Angeles port officials that the program so far actually has exceeded expectations even though the employee driver provision has not been enforced.

The industry coalition also noted that the federal Transportation Worker Identification Credential enforces port-security, and federal and state regulatory agencies for many years have enforced motor carrier safety requirements.

Contact Bill Mongelluzzo at bmongelluzzo@joc.com.