The ATA sees air regulations as an overstep. (Photo from Creative Commons)

The Port of Los Angeles instituted the Clean Truck Program in 2008, when they banned the use of trucks made before 1989.

The most recent update to the program came in January 2012, when the city declared that all trucks must meet the U.S. Environmental Protection Agency standards for emissions.

The American Trucking Associations, Inc. is claiming that the program violates a law that states that “A State [or] political subdivision… may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route or service of any motor carrier… with respect to the transportation of property.” 

The Port of Los Angeles has deemed the Clean Truck Program highly successful and attributes it to many environmental, economic, and health improvements.

In June 2012, the plan won the California Air Quality Award from the Coalition for Clean Air.

“Our Clean Truck program is proof that economic growth and environmental sustainability are not mutually exclusive,” Mayor Antonio Villaraigosa was quoted as saying in a 2012 Journal of Commerce article. “I’m proud to play a role in a program that has greened our port for the long haul and ensured that Angelenos will breathe cleaner air.”

The American Trucking Association, however, sees the regulations placed on their trucks as the government overstepping and infringing on their rights.

In a press release published this afternoon, ATA Deputy Chief Counsel Richard Pianka was quoted as saying that “Despite this, leaders in Los Angeles moved forward with a plan to shape the market for trucking at the Port by imposing a laundry list of regulations that should all be clearly preempted by the FAAAA [Federal Aviation Administration Authorization Act].”

The case was argued today in the Supreme Court to see if the regulations the city of Los Angeles have had in place for five years should be allowed to remain in place.

“If these rules are allowed to stand,” Pianka said, “it would clear the way for a patchwork of regulations that would lead to unreasonable burdens on the movement of goods.”

According to the ATA, the Supreme Court is expected to release a decision anytime between now and June when the Court’s term comes to a close.

Reach reporter Hayley Burgess here.