The U.S. Supreme Court has granted the Bush Administration's request to review a federal court order requiring the Department of Transportation to prepare a full Environmental Impact Statement
and Clean Air Act conformity determination before it can open the U.S.-Mexico border.
Last January, the 9th Circuit Court issued its decision calling for the in-depth studies. In its ruling, the court found that the DOT "acted arbitrarily and capriciously" by failing to prepare a full Environmental Impact Statement.
The Bush administration argued that requiring such a study impinged on the president’s right to deal with foreign governments.
The Federal Motor Carrier Safety Administration has already begun to comply with the 9th Circuit’s order by awarding a $1.8 million contract to prepare a full environmental impact statement, analyzing the short- and long-term implications of Mexican trucks and buses operating in the United States.
"We are confident that when the justices review all the facts in this case, the court will recognize the need for the DOT to pay attention to the health concerns of U.S. citizens," said Jim Hoffa, Teamsters general president. "In a rush to open the border, the administration failed to recognize those concerns."
On May 1, 2002, the Teamsters joined a broad-based coalition of environmental, labor and consumer groups in a lawsuit to stop the Bush administration from opening the border to Mexican truck traffic.
The lawsuit charged the Bush administration with violating environmental laws for not considering the environmental impact of Mexican trucks, which emit more pollution than U.S. trucks.