A Friend in Washington?

Local port authorities may be in for easier relations with trucking and shipping  regulators in DC following President Obama's appointment of a labor and environment-friendly former Maine governor to a key post at the Federal Maritime Commission.

Obama's naming of FMC Commissioner Joseph Brennan as acting chairman of the board places an ally in charge of policy at an agency with which the twin ports' have had numerous legal wranglings in the past year.

In a number of 2-1 votes, with Brennan the dissenter, the FMC board voted to side with industry against the ports' clean truck plans, tying up port attorneys in court and delaying collection of fees used to subsidize new, low-emission truck purchases.

Brennan has been vocal in his criticism of fellow commissioners (one of whom, Harold Creel, has announced his resignation at the end of June). In a Dec. 2008 missive, Brennan blasted FMC's attempts to mold a clean-truck plan preferred by industry but opposed by port authorities, who had urged for greater oversight.

"(I find) it disturbing that the Commission, while historically showing great deference to the attempts of ocean common carriers to maximize profits through price-fixing agreements, appears indifferent or oblivious to the good-faith efforts of Los Angeles and Long Beach to clean up the air," Brennan wrote. "The Ports of Los Angeles and Long Beach are public entities trying to improve air quality and expand the ports. The Commission must weigh that fact when considering whether the Clean Trucks Program is 'reasonable' under the Shipping Act."

In related news, community watchdogs are awaiting their day in court over efforts by the FMC to withhold records of meetings related to the lawsuit against Southern California's port clean-truck plan. The lawsuit was filed by the Natural Resources Defense Council and Public Citizen under the Freedom of Information Act in May, after FMC lawyers refused to release the records for months.