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The ''clean trucks'' fee is expected to raise as much a $1 million a day at both ports

LOS ANGELES – 01/26/09 – The ports of Los Angeles and Long Beach have said they will go ahead with the imposition of a controversial container fee, despite a request by the federal government to have a court block the move on antitrust grounds.

The two neighboring ports will begin collecting the fee – $35 per 20-foot container and $70 per 40-foot container – starting February 18 and, at the same time, unveil an electronic gate access system to enable the fee collection and improve security at shipping terminals.

The so-called “clean trucks fee” was scheduled to begin in November but was delayed twice due to review by the Federal Maritime Commission (FMC).

“The fee is expected to raise about $1 million a day or about $1 billion over the next few years at both ports to finance 80% of the cost to replace many of the 17,000 trucks that are a leading source of air pollution in the region,” Richard D. Steinke, executive director of Port of Long Beach, told the Long Beach Press-Telegram.

"It is imperative that we begin collecting the fees so we can move forward and achieve our clean-air goals," he said.

Elements of the ports’ overall clean trucks plan, including imposition of the container fee, have been challenged by the American Trucking Association (ATA), which has requested a preliminary injunction against the two ports' concession plans.

The Ninth Circuit Court of Appeals is scheduled to hear oral arguments on March 4 on the American Trucking Associations (ATA) request for a preliminary injunction against the port’s concession requirements. Last week, an FMC administrative law judge has ruled that petitioners in the case can intervene in the proceedings.

The judge’s order allows supporters and opponents of the anti-pollution program to use discovery procedures to collect information from the two port authorities and terminal operators that sought FMC approval for the plan, reported the Journal of Commerce.

The order also denied a request to stop the FMC’s investigation until the commission had issued an environmental impact report on the impact of its action. The ports’ plan has been further complicated by a dispute over where the federal hearing should be held.

The National Resources Defense Council, a supporter of the clean trucks plan, says that since Southern California where both ports are located, the case should be heard there, while the FMC wants the case moved to the District of Columbia federal court, since the case has “major national implications.”

The decision to go ahead with the fee comes as the Port of Long Beach recorded an overall 11% decline in cargo last year, the first large-scale drop in volume in two decades.

In December, imports were down 26.9% with exports also well off the previous year’s pace.

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