U.S. court denies request to keep Mexican trucks out of U.S.

SAN FRANCISCO (May 3, 2002) — A federal appeals court in San Francisco has denied an emergency request to block Mexican trucks from gaining further entry into the United States. The ruling is expected to clear the way for Mexican trucks to gain complete access to the United States this summer, as called for in the long-delayed North American Free Trade Agreement.

A coalition led by Public Citizen, the Environmental Law Foundation, and the International Brotherhood of Teamsters argued that Mexican trucks should be kept from operating on American highways because they emit high levels of diesel particulates.

The lawsuit claimed that trucks from Mexico will dramatically increase U.S. air pollution. At least 30,000 Mexico-domiciled diesel trucks are set to enter the U.S. in 2002, the suit said, including many older trucks without stringent pollution controls. No legislation is pending in Mexico to require Mexico-domiciled trucks to meet the same or even similar emissions standards imposed by the United States.

The plaintiffs challenged the Bush Administration’s “finding of no significant impact,” or FONSI prepared on these trucks and seeking an injunction requiring the Administration to conduct an Environmental Impact Statement (EIS). The EIS would address the significant public health concerns about these trucks before they are allowed throughout the country.

“Commercial trucks from Mexico will not meet this country’s tougher emissions standards,” said James P. Hoffa, general president, International Brotherhood of Teamsters. “We should make sure that these trucks are safe and in full compliance with the same clean air rules that we hold American trucks to before we allow them to travel throughout the Southwest and elsewhere that already suffer from poor air quality.”

In addition to Public Citizen, the International Brotherhood of Teamsters (IBT) and the Environmental Law Foundation (ELF) other plaintiffs in the suit include the California Federation of Labor AFL-CIO, and the California Trucking Association.

“Diesel kills,” said Al Meyerhoff, lead attorney for the plaintiffs. “Older trucks from Mexico, due to their dangerously high emission rates, present a clear and present risk to public health.”