A surprising twist to a controversial trucking program

The long-running battle over the controversial “clean truck” program at the ports of Los Angeles and Long Beach took a surprising turn recently when the Long Beach port reached an out-of-court settlement on a lawsuit filed last year by the American Trucking Assn.

According to a story in the Journal of Commerce, the Long Beach port said it would not require trucking companies using the port to sign a concessionaire’s agreement, which was a major point of contention between the ports and the ATA.

Among other things, the concession agreements would have prevented trucking companies from using owner-operators for their vehicles after 2013. The ATA suit said that amounted to regulation of companies engaging in interstate commerce – something only the federal government can do.

Under the program, a fee of $70 is collected for every 40-foot container that is hauled out of the ports by a truck that doesn’t meet the government’s 2007 emissions standards for diesel-powered vehicles. It’s aimed at reducing air pollution in and around the ports by encouraging carriers to use cleaner trucks.

The battle over the program is being watched closely by logistics providers and truckers who serve the furniture industry because the vast majority of Asian-made furniture sold in the United States arrives at the two ports.

The settlement with Long Beach came just days before a federal appeals court was to hear arguments on a temporary injunction issued in April that barred both ports from implementing some aspects of the program.

An ATA spokesman told me the suit against the Los Angeles port is continuing. A trial on the group’s request for a permanent injunction is scheduled for early next year.