Blog Post from American Trucking Associations
NRDC Puts Support for Teamsters Above Clean Air
October 23, 2009
Written by: Brad Stotler
A settlement that ends ATA's lawsuit against the Port of Long Beach comes much to the chagrin of Teamsters, their political cronies, and environmental groups that continue to support a ban on truck owner-operators at Ports around the nation in order to make it easier to unionize drayage truck drivers.
The ATA and the Port of Long Beach settled their differences on October 19 by approving a motor carrier registration process that will replace concession agreements in the Port's Clean Trucks Program. The compromise provides the Port with the necessary tools to oversee and enforce compliance with federal and state laws that deal with port safety, security, and environmental regulations without infringing upon federal law that protects motor carriers from state and municipal laws that affect rates, routes, and service.
National Resources Defense Council (NRDC) Director David Pettit recently stated on his blog that "rather than clean up the trucks that serve its port, Long Beach ran away from a fight with ATA - an organization 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."
Pettit knows that Long Beach's Clean Truck Program is no less effective than that of Los Angeles in cleaning the air. His blatantly false, intellectually dishonest statements show that the NRDC is worried more about the Teamsters than clean air.
In March 2009, a unanimous decision by the U.S. District Court of Appeals stated that ATA's lawsuit against the Ports did not challenge environmental provisions within the Clean Truck Program, only concession agreements, such as the employee mandate, that would illegally regulate commerce at the Ports.
Moreover, the retirement of polluting, non-compliant diesel engines is ahead of schedule. In the Journal of Commerce's June 9 article, California Clean-Trucks Program Ahead of Plan, the Port of Los Angeles touted the environmental progress. Marcel Van Dijk, marketing manager at the Port of Los Angeles said "The goal of reducing truck pollution in the harbor by 80 percent in 5 years may be reached by year's end." The quicker-than-expected results come without the concession agreements that a federal judge enjoined from the program because they had nothing to do with the environment.
Further, NRDC's David Pettit falsely attacked the Port of Long Beach's ability to oversee and enforce compliance with federal and state laws that deal with port safety, security, and environmental regulations. "It is unheard of, and illegal, for a governmental entity to give away its police powers - its basic powers to protect its residents against harm - but that is just what Long Beach has done when it comes to the port-serving trucks that drive through the streets of the city," said Pettit.
Within the settlement, both the Port of Long Beach and ATA emphasized that the new Registration and Agreement apparatus replacing the concession requirements includes an agreement by carriers to provide the Port necessary information and will allow the Port to strictly oversee and enforce motor carrier's compliance with laws dealing with port safety, security, and environmental regulations. Trucks will also be subject to inspections while on Port property.
In specific, motor carriers registering to operate at the Port must agree to enter all truck and driver information into the Port's Drayage Truck Registry and to equip each truck with a Radio Frequency Identification tag or other technological device to allow the Port to monitor and control truck entry to Port facilities.
This balance will allow the Port of Long Beach and the ATA to move forward with a plan that allows for the efficient movement of freight at the Port and the continued pollution reduction through the retirement of non-compliant diesel engines.
The ATA and the Port of Long Beach settled their differences on October 19 by approving a motor carrier registration process that will replace concession agreements in the Port's Clean Trucks Program. The compromise provides the Port with the necessary tools to oversee and enforce compliance with federal and state laws that deal with port safety, security, and environmental regulations without infringing upon federal law that protects motor carriers from state and municipal laws that affect rates, routes, and service.
National Resources Defense Council (NRDC) Director David Pettit recently stated on his blog that "rather than clean up the trucks that serve its port, Long Beach ran away from a fight with ATA - an organization 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."
Pettit knows that Long Beach's Clean Truck Program is no less effective than that of Los Angeles in cleaning the air. His blatantly false, intellectually dishonest statements show that the NRDC is worried more about the Teamsters than clean air.
In March 2009, a unanimous decision by the U.S. District Court of Appeals stated that ATA's lawsuit against the Ports did not challenge environmental provisions within the Clean Truck Program, only concession agreements, such as the employee mandate, that would illegally regulate commerce at the Ports.
Moreover, the retirement of polluting, non-compliant diesel engines is ahead of schedule. In the Journal of Commerce's June 9 article, California Clean-Trucks Program Ahead of Plan, the Port of Los Angeles touted the environmental progress. Marcel Van Dijk, marketing manager at the Port of Los Angeles said "The goal of reducing truck pollution in the harbor by 80 percent in 5 years may be reached by year's end." The quicker-than-expected results come without the concession agreements that a federal judge enjoined from the program because they had nothing to do with the environment.
Further, NRDC's David Pettit falsely attacked the Port of Long Beach's ability to oversee and enforce compliance with federal and state laws that deal with port safety, security, and environmental regulations. "It is unheard of, and illegal, for a governmental entity to give away its police powers - its basic powers to protect its residents against harm - but that is just what Long Beach has done when it comes to the port-serving trucks that drive through the streets of the city," said Pettit.
Within the settlement, both the Port of Long Beach and ATA emphasized that the new Registration and Agreement apparatus replacing the concession requirements includes an agreement by carriers to provide the Port necessary information and will allow the Port to strictly oversee and enforce motor carrier's compliance with laws dealing with port safety, security, and environmental regulations. Trucks will also be subject to inspections while on Port property.
In specific, motor carriers registering to operate at the Port must agree to enter all truck and driver information into the Port's Drayage Truck Registry and to equip each truck with a Radio Frequency Identification tag or other technological device to allow the Port to monitor and control truck entry to Port facilities.
This balance will allow the Port of Long Beach and the ATA to move forward with a plan that allows for the efficient movement of freight at the Port and the continued pollution reduction through the retirement of non-compliant diesel engines.
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