Court dismisses
NAFTA truck lawsuit
Apr 21, 2009 11:29 AM
A lawsuit challenging entry of Mexican trucks into the US interior has been dismissed by the US Ninth Circuit Court, according to court information.
The Federal Motor Carrier Safety Administration (FMCSA) pilot program was challenged by Public Citizen, the Teamsters, the Owner-Operator Independent Drivers Association, and others. However, in the interim Congress refused funding for the program and FMCSA subsequently announced March 11, 2009, that it was canceled.
The San Francisco CA court ruled that: "Even if Congress does not impose the same limitation in future fiscal years, any new pilot program the FMCSA might initiate in the future would likely present different questions of statutory and regulatory requirements than the now terminated program and would likely not fall into the 'yet evading review' category. Accordingly, the petition for review is moot."
The cross-border pilot program was developed in compliance with the North American Free Trade Agreement, but has had opponents since its inception, including some members of Congress, the Teamsters, the Owner-Operator Independent Drivers Association, and Public Citizen.
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