The Sierra Club, Public Citizen, Environmental Law Foundation, International Brotherhood of Teamsters, Brotherhood of Teamsters Auto and Truck Drivers, and the Owner-Operator Independent Drivers Association filed an action in the Northern District of California to block the implementation of a year long demonstration project allowing 100 Mexican trucking companies to make deliveries beyond the 20 mile commercial zones presently allowed along the southern border.
The plaintiffs say that the Department of Transportation and the Federal Motor Carrier Safety Administration developed the program in secret without the pubic participation required under the Administrative Procedures Act. The plaintiffs seek publication of the program in the Federal Register with an opportunity for public comments.
This project is part of the Bush administration effort to comply with NAFTA trucking provisions. This latest action follows earlier efforts to block the administration's implementation of the agreement by alleging air pollution and safety concerns. In 2004 the Supreme Court concluded that the Bush administration did not have to evaluate the environmental impacts of allowing the Mexican trucks on American roads or to regulate emissions.