Court Orders Environmental Review of Mexican Trucks

(TT File Photo) A ruling by a federal appeals court will continue to keep Mexican trucks out of the U.S. pending an environmental review.

The 9th U.S. Circuit Court of Appeals said Thursday that before Mexican trucks can operate in the United States, the federal government must conduct further environmental review.

The ruling came in response to petitions from Public Citizen, the Teamsters union and the California Trucking Association. They had challenged a November order by the Bush administration to open U.S. highways to Mexican truck traffic, an order the Department of Transportation was preparing to implement.

DOT had begun processing more than 100 applications from Mexican carriers, but had not yet authorized any to begin cross-border operations under the North American Free Trade Agreement.

It was not immediately clear how long the court decision might further delay any opening of the U.S. border to Mexican trucks. Currently, Mexican trucks are only allowed to operate in small sections of the United States near the border, but the proposed access would have allowed Mexican trucks to haul goods across the entire country.

In its written decision posted on its Web site, the San Francisco-based appeals court said the federal government acted "arbitrarily and capriciously" when it ordered the opening of the border without conducting a complete environmental review.

"Although we agree with the importance of the United States' compliance with its treaty obligations with its southern neighbor, Mexico, such compliance cannot come at the cost of violating United States law," the court said in its opinion. "Because we conclude that the Department of Transportation acted without regard to well established United States environmental laws, we grant the petitions."

"Today's ruling is a victory for the environment and public health," Jonathan Weissglass, an attorney for the petitioners, said in a statement. "The court has acted decisively to prevent an influx of trucks into the U.S. until know how they could affect the air we breathe."

Charles Miller, a spokesman for the Justice Department, told Bloomberg News that the government is reviewing the ruling. Bloomberg also said that a spokesman for Mexico's Economy Ministry was not immediately available for comment.