Dump Dirty Diesel Campaign

November 15, 2002 --

Since its inception Environment Now's Air Quality Restoration Program has focused primarily on ridding diesel exhaust from the air of Los Angeles. Diesel exhaust is recognized as a cancer-causing agent by both the state of California and the Environmental Protection Agency. It is also comprised of fine particles that when inhaled lodge deeply in our lungs where they exacerbate conditions such as asthma and heart disease.

Our partners, the Natural Resources Defense Council (NRDC) and the Coalition for Clean Air, are the leaders in this region-wide Dump Dirty Diesel Campaign. The campaign is based on the advocacy for clean, alternative (non-diesel) fuels as well as litigation aimed at reducing specific hotspots of diesel exhaust.

The public fleet diesel rules adopted by the South Coast Air Quality Management District (SCAQMD) over the past few years call for replacing diesel vehicles in six different fleet types ranging from street sweepers to airport shuttle vans with alternative fuel vehicles, generally natural gas. In 2002 the Engine Manufactures Association sued to overturn these progressive rules. NRDC intervened on behalf of the SCAQMD in defense of the rules. Following a district court decision favoring the SCAQMD the association appealed the case to the Ninth Circuit Court of Appeals. Recently that court reaffirmed the lower court's decision. The fleet rules stand.

The SCAQMD is now on track to adopt private diesel fleet rules. Both the Coalition for Clean Air and NRDC will advocate for strong, far-ranging rules and fight to support any rules adopted by the SCAQMD.

The ongoing Proposition 65 case against the diesel operations at the distribution centers of Southern California supermarkets has been completed. All but one of the markets are complying with the consent decree they signed by adding alternative fuel trucks with appropriate support facilities to their operations. The presence of new supermarket natural gas vehicles on our roads in the coming months will set a strong precedent for the industrial transportation sector.

The third major ongoing thrust of the Dump Dirty Diesel Campaign focuses on a new facility at the Port of Los Angeles. The environmental impact of this major dock facility, which will be leased by China Shipping Group, was not adequately assessed especially with respect to the diesel exhaust. On behalf of a coalition of plaintiffs, NRDC sued in both federal and state courts with the ultimate goal of reducing diesel emissions from the facility. Initial rulings went against plaintiffs and both cases were appealed. In late October, the California State Court of Appeals reversed the lower state court decision. Construction on the first phase of the China Shipping facility was ordered stopped. Now, before the project can be resumed, a full environmental impact report, covering the project as a whole, will have to be prepared.

Our campaign will continue into 2003 working these and other issues including advocating for diesel retrofit rules before the California Air Resources Board and for an adequate environmental review of a proposed policy allowing heavily polluting diesel trucks to travel from Mexico into the United States.

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