Long Beach Responds to FMC Lawsuit
Port Officials Confident in Legal Position of Clean Trucks Program
November 3, 2008
Despite a requested injunction by the Federal Maritime Commission against the Port of Los Angeles and Port of Long Beach to invalidate portions of the ports' Clean Trucks Programs, the Port of Long Beach is confident in its legal position and will continue to move ahead with its landmark initiative to ban and replace dirty diesel trucks that pollute the region.
The lawsuit filed in U.S. District Court on Friday, October 31, in Washington, D.C., seeks to block Clean Truck employee-only truck driver provisions, prohibitions against independent owner-operator truck drivers and incentives and fees applied to some but not all trucked cargo.
The Port of Long Beach's Clean Trucks Program, launched October 1, has no such restriction on drivers. Long Beach allows terminal access to trucking companies that employ drivers, independent operators or companies that use a combination of employees and independent operators. Long Beach's Clean Trucks Program has no special incentives for trucking companies and its fee structure is fair and equitable.
"Our attorneys are reviewing Friday's FMC lawsuit," said Port Executive Director Richard Steinke. "We are certain the court will understand the importance of our Clean Trucks Program which allows us to move cargo and at the same time improve air quality for Long Beach and the region."