Long Beach, ATA Settlement Stirs Controversy

Trade and transportation organizations are applauding the settlement between the Port of Long Beach and the American Trucking Associations of a lawsuit involving the port's clean-truck program.

Environmental interests, meanwhile, criticized Long Beach for failing to stick with the Port of Los Angeles in attempting to preserve the concession requirements in the ports' clean-truck programs.

The Long Beach Harbor Commission on Monday announced that it reached a settlement with ATA under which the port will drop its concession requirements for motor carriers. The concession agreements involved operational matters such as mandatory off-street parking of trucks and certain financial requirements for truckers.

Under terms of the settlement, motor carriers will sign a registration agreement in which they will provide information to the port about the companies and vehicles working in the harbor. Motor carriers will agree to replace old, polluting trucks with vehicles that comply with the federal Environmental Protection Agency's 2007 model emission standards.

Los Angeles's concession program had many of the same requirements as the Long Beach agreement, with the added requirement that motor carriers hire drivers as direct employees. This requirement, supported by the Teamsters, would make it easier for the Teamsters to organize harbor truck drivers and was subject to litigation filed by ATA.

The Natural Resources Defense Council on Tuesday criticized Long Beach for settling the lawsuit with ATA.

"Rather than clean up the trucks that serve its port, Long Beach ran away from a fight with an industry that has opposed clean-air regulation locally and nationally and is content to sit on the sidelines while the Port of Los Angeles pays to clean up the trucks that serve both ports," said David Pettit, senior attorney and director of NRDC's Southern California clean-air program.

The National Retail Federation, which represents many of the retailers that ship through Southern California, said Long Beach recognized that the concession requirements did not contribute to clean air but rather added unnecessary costs for importers shipping through the port.

"A compliant truck emits the same emissions regardless of who is driving the truck," said Jonathan Gold, vice president for supply chain and customs policy at NRF.

Industry organizations, including the trucking association, emphasized that they have always supported the ports' truck bans and environmental goals, but believe that the concession requirements violate federal preemption statutes governing interstate commerce.