There's been quite a change in our country since our last post and naturally some have already hypothesized about the impact a new Administration will have on vital programs to combat poverty and pollution, particularly at the ports. The national shift is of special interest when considering the Bush Administration's desperate 11th hour move to seek a court order to halt key elements of the Clean Trucks Programs at the Ports of Los Angeles and Long Beach.

The Press-Telegram recently noted that the two FMC Commissioners' behind-closed-doors decision to interfere "leaves them facing the wrath of a green-leaning Congress." (With a nod to Speaker of the House Nancy Pelosi, Senators Barbara Boxer and Dianne Feinstein, and the entire California Democratic delegation.)

"Many blame the board for caving in to intense pressure from truck lobbyists and big-box retailers who oppose any regulations on the shipping industry," the P-T reported.

Fortunately, that sentiment was echoed by FMC Commissioner Joseph Brennan in his stinging dissent: "(The decision) displays a bureaucratic arrogance and ignores the felt needs of the citizens of Los Angeles to clean up their air, expand their port, and promote a living wage for truck drivers working at the port."

It's a point not lost on the Natural Resources Defense Council. The good lawyers appealed the FMC's decision to interfere with the critical-clean up efforts without conducting an environmental review. Yesterday afternoon, NRDC also filed a lawsuit on behalf of the Sierra Club and the Coalition for Clean Air charging that the FMC is in violation of the National Environmental Policy Act (NEPA) and the Energy Policy and Conservation Act (EPCA). "The commission's intervention directly impacts how and when the ports will be able to remove thousands of diesel-belching big rigs from the ports. Residents don't have time to wait for clean air and we're already seeing an improvement at the ports by removing some of the dirtiest trucks. In seeking the injunction, the commission willfully ignored relevant public health information and denied requests for a public hearing," stated Melissa Lin Perrella, staff attorney with NRDC's Southern California Clean Air Program

That the FMC will have to answer to a judge certainly ups the ante. Along with the fact that President-Elect Obama has 1) strongly endorsed the Los Angeles Clean Trucks Program as a bold green-growth policy solution that "recognizes that trade, labor and the environment are not separate, but linked issues," and 2) has been an outspoken advocate against illegal worker misclassification that the industry and its Beltway pals are in cahoots to protect.

Change doesn't come easy, but when it does, it turns the status quo on its head. And that certainly gives the Road hope.