On Mexico
DOT appeals court decision blocking border opening.
By Oliver B. Patton, Washington Editor
The Department of Transportation is appealing a court order that blocks the opening of the Mexican border to long-distance trucking into the U.S. The border was going to open late last year, until a federal appeals court said that the Federal Motor Carrier Safety Administration did not complete the required environmental analysis in its rules permitting entry by Mexican trucking companies.
The U.S. Court of Appeals for the 9th Circuit, based in San Francisco, said it had no opinion about the opening of the border, but it did agree with the Teamsters, environmental groups and the California Trucking Assn. that FMCSA needs to do more work on its Environmental Impact Statement.
Now the safety agency and DOT are asking the court to reconsider, arguing that FMCSA was only doing what President Bush ordered when he opened the border, and has no authority to prevent whatever environmental impact the Mexican carriers may have.
It is possible that the issue will go to the Supreme Court.
Meanwhile, DOT still must resolve a diplomatic question concerning access of U.S. inspectors to Mexican trucking companies. Under the rules, half of the safety audits of Mexican fleets must take place at the company, and half can take place at border stations. Discussions on the issue are stalled, sources indicate.
Washington Report continued...
