Judge delays declaratory judgment on legality of clean trucks scheme

A US JUDGE has declined to provide a declaratory judgment on the legality of the California ports' clean truck programme until hearing more arguments, thus leaving its provisions in place, reports Newark-based Traffic World.
"It's not an easy issue," said US District Judge Richard Leon. "There is a lot of complexity to it."
Judge Leon dashed hopes of the Federal Maritime Commission (FMC) that believes that the demands of the clean truck programme through Los Angeles and Long Beach unlawfully interfere with legal trade and, therefore are ultra vires.
The two ports affected have delayed collection of a US$35 per TEU tax from trucks built before 2007, but FMC attorney Benjamin Trogdon said truckers already are seeing the impact on competition and costs to shippers will rise.
"The shippers have begun to shift, to look for operators that have compliant trucks," he said. "There has been evidence of irreparable harm to the country" as shippers act to avoid coming fees.
Judge Leon has set December 17 as the date for lawyers to file responses to legal arguments made by FMC, rather than issuing or denying an immediate injunction.
The programme also denies access to owner-operators of trucks to the ports in favour of employee-drivers of certified motor carriers as the Teamsters union has demanded. The FMC case wants to scrap those provisions and stop subsidies for truck purchases as well as exemptions for some truckers at the ports.
But Port and City of Los Angeles lawyer Steven Rosenthal said there was no evidence of a change in the marketplace or in competition. "It's been two months and there have been no problems, no evidence of people going out of business, no parade of horribles. Life is proceeding normally." "And the environment is getting cleaner," the judge added in the report.