The environmental protection sections of the Clean Truck Programs issued by the Port of Los Angeles and the Port of Long Beach have survived a decision Friday by the U.S. Court of Appeals for the Ninth Circuit that ruled against most other sections of the program.

In the lawsuit filed by the American Trucking Associations seeking a preliminary injunction against other parts of the two similar programs, the three judge panel reversed and sent back for further consideration the District Court’s earlier ruling that refused to grant the injunction.

American Trucking Associations, a nonprofit industry association, had not challenged those parts of the ports’ Clean Truck Programs that ban older trucks and use a container fee to subsidize the purchase of newer, less polluting trucks.

“Our Clean Truck Program is reducing toxic port truck pollution at an accelerated pace, and today’s ruling by the Ninth Circuit Court of Appeals does not challenge the truck ban schedule or truck fees that are helping us successfully battle this health crisis,” said Los Angeles Mayor Antonio Villaraigosa.

“We are committed to fighting this case because our Clean Truck Program is the most sustainable plan for ensuring a clean, safe and secure trucking system for the long-haul at the Port of Los Angeles,” the mayor said.

The Clean Truck Program is a comprehensive environmental, safety and security initiative. On its October 1, 2008, launch date, the program immediately banned trucks built before 1989 from hauling cargo in and out of cargo terminals at the ports of Los Angeles and Long Beach.

Through its Clean Truck Incentive program, the Port of Los Angeles is moving full speed ahead in helping trucking companies put into service model-year 2007 or newer U.S. EPA-compliant “clean trucks,” the mayor said.

The Port of Los Angeles is paying out $44 million in $20,000-per-truck incentives for trucks enrolled in the program and put into service by January 15, 2009.

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