Long Beach City Rejects Appeal of Port Settlement

"Long Beach City Attorney Robert Shannon has rejected an appeal to the City Council that sought to overturn the settlement agreement between the Port of Long Beach (POLB) and the American Trucking Associations," writes the Cunningham Report. The appeal filed by the Natural Resources Defense Council (NRDC) contended the settlement decision should have required an environmental analysis.

"The rejection letter sent to NRDC ...  doesn't address that question. Instead it notes that the agreement reached between the port and the ATA on Oct. 19 was approved the following day in federal district court, where the lawsuit was filed," said the Cunningham Report.

The federal court retains jurisdiction and venue in the matter and the court order trumps any state or local action in conflict with it, said Shannon's letter. In addition, the appeal was not filed within 10 business days, a requirement in municipal code.

Reducing truck emissions at the Ports of Long Beach (POLB) and Los Angeles (POLA) is progressing ahead of schedule through the retirement of old diesel engines. The ports' goal of an 80 percent reduction in truck pollution by 2012 is three years ahead of schedule, according the Port of Los Angeles - without concession requirements once attached to the programs.

The POLB clean trucks program has received much undue criticism from unions and their allies in the environmental community for never including a concession requirement that would make it easier to unionize port truck drivers. Despite pressure from the unions and their allies, the Port of Long Beach agreed to allow both employee-drivers and owner-operators at the Port. Under Long Beach's plan, both larger firms and small business owners have the right to operate at the Port.

"The NRDC's real objection to the Clean Trucks Program has nothing to do with clean air," said Port of Long Beach Executive Director Richard Steinke. "By aligning itself with the Teamsters, who have been very public about their campaign to unionize port truckers nationwide, the NRDC is pursuing an agenda beyond air quality," said Steinke.

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