FMC requests dismissal of Clean Truck Program lawsuit, ports say

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The Federal Maritime Commission has changed its position on its lawsuit that sought to stop certain aspects of the Clean Truck Program initiatives under way at the Port of Los Angeles and Port of Long Beach, the ports announced Tuesday, June 16.

FMC has requested dismissal of the case in a filing in the U.S. District Court for the District of Columbia. If Judge Richard Leon grants the motion, FMC’s court case against the CTP will be over.

“I am pleased that we can move forward with our Clean Truck Program without interference,” says Los Angeles Mayor Antonio Villaraigosa. “We hope and expect the FMC to similarly resolve its pending investigation so that we can all put these matters behind us and continue our work to green the port.”

“We’re pleased with the removal of the FMC’s challenges to our program,” says Port of Los Angeles Executive Director Geraldine Knatz. “Our Clean Truck Program is ahead of schedule with successful turnover of the older fleet. Today, more than 5,000 2007-compliant trucks are handling over 50 percent of the container hauls at our port.”

The U.S. District Court for the District of Columbia on April 16 upheld the California ports’ CTP, calling it an “… ambitious, multifaceted program to reduce high levels of air pollution while also striving to improve the ports’ safety and security.” Judge Leon rejected FMC’s request for a preliminary injunction against the Port of Los Angeles and Port of Long Beach CTPs, calling FMC’s arguments “weak” and “