MAYOR VILLARAIGOSA’S STATEMENT IN RESPONSE TO 9TH CIRCUIT COURT OF APPEALS’ CLEAN TRUCK PROGRAM DECISION

SAN PEDRO, Calif. — March 20, 2009 — This morning, the U.S. Court of Appeals for the Ninth Circuit reversed and sent back for further consideration the District Court’s earlier decision in the lawsuit filed by the American Trucking Associations against the landmark Clean Truck Program implemented October 1, 2008, at the Port of Los Angeles. 

While the District Court has been asked to undertake further proceedings with respect to the case, the City of Los Angeles is pleased that the centerpiece components of the Clean Truck Program that are currently in effect -- i.e., the dirty truck ban and clean truck fee -- remain intact for the benefit of thousands of Southern Californians who are already breathing cleaner air less than six months after the Clean Truck Program’s implementation.

“Our Clean Truck Program is reducing toxic port truck pollution at an accelerated pace, and today’s ruling by the Ninth Circuit Court of Appeals does not challenge the truck ban schedule or truck fees that are helping us successfully battle this health crisis,” said Los Angeles Mayor Antonio Villaraigosa.  “We are committed to fighting this case because our Clean Truck Program is the most sustainable plan for ensuring a clean, safe and secure trucking system for the long-haul at the Port of Los Angeles.”  

The Clean Truck Program is a comprehensive environmental, safety and security initiative. On its October 1, 2008, launch date, the Program immediately banned trucks built before 1989 from hauling cargo in and out of cargo terminals at the ports of Los Angeles and Long Beach.

Through its Clean Truck Incentive program, the Port is moving full speed ahead in helping trucking companies put into service model-year 2007 (or newer) USEPA-compliant “clean trucks.” The Port is paying out $44 million in $20,000-per-truck incentives for trucks enrolled in the program and put into service by January 15, 2009.  This incentive was a catalyst in the deployment of approximately 3,500 clean trucks now serving the port complex – a clean truck fleet well exceeding the Clean Truck Program’s first-year emissions reduction goals. 
This fleet of approximately 3,500 clean trucks now in service at the port complex provides a reduction of at least 25 tons of diesel particulate matter (DPM) per year, or the equivalent of a 92-percent reduction of DPM emissions in comparison to the averaged emissions of 3,500 trucks measured during the 2006 “base-line” year of analysis. 

By 2012, the ports will ban all trucks that don’t meet 2007 USEPA emission standards. The combined Clean Truck initiatives at the nation’s two largest container ports will reduce port related truck emissions by more than 80 percent.

The Port of Los Angeles, also known as “America’s Port,” has a strong commitment to developing innovative strategic and sustainable operations that benefit the economy and the quality of life for the region and the nation it serves. A recipient of numerous environmental awards, including the U.S. Environmental Protection Agency's 2007 Clean Air Excellence Award, the Port of Los Angeles is committed to innovating cleaner, greener ways of doing business. As the leading seaport in North America in terms of shipping container volume and cargo value, the Port generates 919,000 regional jobs and $39.1 billion in annual wages and tax revenues. A proprietary department of the City of Los Angeles, the Port is self-supporting and does not receive taxpayer dollars. The Port of Los Angeles - A cleaner port. A brighter future.