Court urged to allow Mexican trucks

ASSOCIATED PRESS

A Bush administration lawyer told the Supreme Court yesterday that the president must be able to open U.S. roads to Mexican trucks without delays for an environmental study.

But a lawyer for labor and environmental organizations cautioned justices that “we’re talking about tens of thousands of trucks” packing U.S. roads after a two-decade moratorium ends.

Some of those trucks are older and may cause pollution, said the organizations’ lawyer, Jonathan Weissglass.

The 1993 North American Free Trade Agreement signed by the United States, Mexico and Canada allowed Mexican trucks to access U.S. roads eventually. Trucks are limited now to commercial border zones, while details are sorted out.

President Bush ordered opening all roads to the trucks in 2002, but the dispute has been tied up in courts.

“It has frustrated the president’s ability to comply with NAFTA,” justices were told by government lawyer Edwin Kneedler.

He said presidents are “responsible for foreign relations and foreign trade” decisions and should not be second-guessed.

The Mexican trucks case presents a technical question about rules for agencies following a president’s orders. The agency in question here is the Federal Motor Carrier Safety Administration.

An appeals court ruled that the agency should have studied the potential short- and long-term effect of trucks on air quality, at a cost of $1.8 million, and ordered the government to conduct the study.

Mr. Kneedler said the nationwide analysis was not relevant to the agency’s limited role in the border opening.The study has been under way while the Bush administration fights the decision at the Supreme Court.

Several justices said yesterday that it is inevitable that the trucks will be allowed — regardless of the findings of the environmental review.

Mr. Weissglass said the study could be used to restrict truck access and better control pollution. He represents the Teamsters union, consumer group Public Citizen and others in the case. They are supported by public health groups and the states of California, Arizona, Illinois, Massachusetts, New Mexico, Oklahoma, Oregon, Washington and Wisconsin.

The Bush administration told justices in a filing that the dispute affects millions of border crossings each year, at a potential cost of billions of dollars to U.S. ally Mexico.

Justice Antonin Scalia raised concerns yesterday about routine agency actions being held up with requests for environmental studies.

Justice Stephen G. Breyer said critics of the border opening do not have a problem with Mexico, but with the effect on the environment.