Harbor Comm'n Votes 3-1 (Cordero Dissenting) To Approve Amended Clean Trucks Ordinance Settling Lawsuit Challenge By American Trucking Ass'n; Supporters Include Industry Interests and LB Area Chamber; Opponents Include Enviro, Labor & Teacher Groups Vowing Appeal To Council
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(November 17, 2009, updated) -- In an action that opponents vowed to appeal to LB's elected City Council, LB's non-elected Board of Harbor Commissioners voted 3-1 (Cordero dissenting) on Nov. 16 to approve first reading of ordinance that amends the Port of LB's "Clean Truck Program" to settle a lawsuit against the Port brought by American Trucking Ass'n.
PoLB webcast screen save
LBReport.com delivered details including audio clips on our front page (www.lbreport.com) last night (Nov. 16) and provides further below, plus video of a rally held by opponents ("Coalition for Clean & Safe Ports") outside PoLB HQ prior to the Commission meeting. Speakers, including NRDC lawyer David Pettit, denounced the settlement and indicated they have appealed PoLB's temporary ordinance, and will appeal the permanent Port ordinance, to the City Council.
The Harbor Commission action came after nearly two hours of public input and Harbor Commission discussion...in which industry and business interests, including LB & L.A. Chambers of Commerce reps, backed the Port's settlement and the ordinance implementing it...praising the Clean Trucks program and saying the ordinance implementing the settlement will clean the air without consuming litigation costs.
Among those speaking in support were (for the Chamber) Chamber Board Chair and Chamber-PAC member Lori Lofstrom and in his individual capacity Josh Owen of Trimodal (a Carson-based trucking and warehousing company) who we believe is a Chamber-PAC member.
Opponents include the Natural Resources Defense Council, Coalition for Clean Air (among a number of environmental groups) plus the Teachers Ass'n of LB and several individual teachers (who cited asthmatic related school absences and impacts on children) along with multiple parents who said their children suffer from asthma.
Opponents argued that LB's amended measure strips the Port of some of its powers against polluters and (as critics said of the original measure) puts unfair financial burden on working class truckers.
Port of LB staff said the settlement and ordinance leave Port with its powers intact to enforce clean truck requirements.
Harbor Comm'n VP Mario Cordero delivered an extended, empassioned dissent, citing his family's working class and immigrant roots, and argued it was a mistake to settle suit when higher courts could ultimately rule in Port's favor. To hear Commissioner Cordero's remarks, click here. [An internet audio dropout caused us to miss about 45 seconds of his remarks, indicated with a "whoosh" sound].
Harbor Comm'n VP Mario Cordero. PoLB webcast screen save
Harbor Comm'n President Nick Sramek cited his WLB roots and years of activism fighting pollution, and said the ordinance remains a powerful tool that the Port will use to reduce pollution...and said the Port's Clean Trucks program is already doing so. To hear Commission President Sramek's remarks, click here).
Harbor Comm'n Pres. Nick Sramek. PoLB webcast screen save
Industry interests cited Port data indicating that the Port's clean truck program is replacing old trucks ahead of schedule, but NRDC lawyer David Pettit said the settlement gives up a powerful Port enforcement tool...and said the Harbor Comm'n action will be appealed to the City Council where it can be heard by elected (not appointed) officials.
Mr. Pettit's comments and testimony parallel a detailed letter he addressed to Harbor Commission President Sramek and published on the NRDC blog. To view it, click Problems With Port Of Long Beach Settlement With ATA".
