Finding that the Bush Administration "acted arbitrarily and capriciously," the Ninth Circuit Court of Appeals in San Francisco ruled Thursday that the administration violated federal environmental laws by taking steps to give Mexico-domiciled trucks full access to U.S. highways
without adequately reviewing the impact they would have on air quality.
The court ordered the administration to complete a full Environmental Impact Statement and Clean Air Act conformity determination.
The court issued this ruling in response to a lawsuit filed in May 2002 by a coalition of environmental, consumer and labor groups including Public Citizen, the Environmental Law Foundation and the International Brotherhood of Teamsters.
"Today's ruling is a victory for the environment and public health. The court has acted decisively to prevent an influx of trucks into the U.S. until we know how they could affect the air we breathe," said Jonathan Weissglass, an attorney for the petitioners and a partner at Altshuler, Berzon, Nussbaum, Rubin & Demain.
According to today's decision:
"We hold that the Department of Transportation acted arbitrarily and capriciously in failing to prepare a full Environmental Impact Statement under the National Environmental Protection Act, as well as a conformity determination under the Clean Air Act. Therefore, we grant the petitions, and remand this matter to the Department of Transportation so that it may prepare a full Environmental Impact Statement and Clean Air Act conformity determination for all three regulations."
"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. Because we conclude that the Department of Transportation acted without regard to well-established United States environmental laws, we grant the petitions.
"Petitioners-Intervenors have pointed to a wealth of government and private studies showing that diesel exhaust and its components constitute a major threat to the health of children, contribute to respiratory illnesses such as asthma and bronchitis, and are likely carcinogenic."
"Trade and environmental protection need not be enemies -- but here the Bush Administration simply ran roughshod over U.S. law." said Al Meyerhoff, a partner with Milberg Weiss Bershad Hynes & Lerach LLP and an attorney for the petitioners. "In doing so, they unnecessarily jeopardized American public health."
The lawsuit filed claimed that trucks from Mexico would dramatically increase U.S. air pollution because:
-- At least 30,000 Mexico-domiciled diesel trucks could enter the U.S. in the next year alone, including many older, pre-1994 trucks that are the most egregious polluters.
-- A study shows, by the year 2010, trucks from Mexico will emit twice as much particulate matter and nitrogen oxides as U.S. trucks. Fine particulate matter is considered to be the largest environmental public health problem in the U.S. today, and nitrogen oxides help form ozone, which can aggravate asthma and emphysema.
-- There is no system in place to systematically inspect the emissions of trucks coming over the border from Mexico.
-- Trucks from Mexico may not be covered by a 1998 settlement between the government and trucking manufacturers that requires U.S. trucks to remove "defeat devices" which enabled them to test clean at inspection sites but run dirty on the open road.
Federal Court Acts To Halt Trucks From Mexico
Finding that the Bush Administration "acted arbitrarily and capriciously," the Ninth Circuit Court of Appeals in San Francisco ruled Thursday that the administration violated federal environmental laws by taking steps to give Mexico-domiciled trucks full access to U.S. highways
More Drivers

Illinois Trucker Indicted for Nearly $22,000 in Ohio Turnpike Toll Evasion
Authorities say an Illinois trucker avoided paying tolls for two years, and now faces felony charges, possible prison time, and forfeiture of his Freightliner tractor.
Read More →
New Trojan Driver Cargo Theft Scam Bypasses Carrier Vetting Systems
Cargo theft rings plant operatives as drivers inside legitimate, fully vetted carriers, then execute coordinated thefts that look like a traditional straight theft from the outside.
Read More →
WIM, Trucker Path Name Top 3 Women-Friendly Truck Stops
ATA’s Women In Motion Council and Trucker Path highlight three truck stops that meet all seven safety-focused criteria and rank highest among female drivers.
Read More →
FMCSA Extends Paper Medical Card Exemption … Again
Five states still aren't ready to accept commercial driver medical exam information directly from the medical examiner's registry.
Read More →
Mack Launches Digital Driver Guide for Chassis-Specific Truck Info
Mack’s new, virtual owner’s manual delivers VIN-based, on-demand guidance for vehicle systems via web, app, and soon in-cab displays.
Read More →
Western Star Showcases Truckers' Pride and Skill
Western Star is expanding its Star Nation Experience in 2026, adding new competitions and dealer participation to highlight operator skills and promote careers in trucking.
Read More →
Best Fleets to Drive For: Two Carriers Earn Overall Award for First Time
CarriersEdge announced the 2026 Best Fleets to Drive For overall winners, with Crawford Trucking, Fortigo Freight Services, and FTC Transportation receiving top awards.
Read More →
Federal Proposal Would Allow Pell Grants for Shorter-Term Job Training
The Department of Labor plans to expand Pell Grant eligibility to some shorter workforce training programs, a move the American Trucking Associations said will help strengthen commercial driver training schools and diesel technician training programs.
Read More →
Owner-Operator Model Gets Boost as DOL Proposes 2024 Independent Contractor Definition Reversal
For an industry that has watched this issue go back and forth for years, the independent contractor proposal marks the latest swing in the regulatory pendulum.
Read More →
FMCSA Reinstates Field Warrior ELD to Registered Device List
One electronic logging device has been reinstated to the FMCSA's list of registered ELDs.
Read More →
