After his promises to the Harbor Board of Commissioners last night that their approval of an ordinance to amend their Clean Trucks Program would result in an appeal to be brought before the Long Beach City Council, Natural Resources Defense Council (NRDC) attorney David Pettit told the LBPOST.com this morning that the process has begun.

The NRDC has appealed a November 2 ruling by the Harbor Board, and Pettit said this morning that he plans to file an appeal against last night's decision in the very near future.

Dominic Holzhaus of the Long Beach City Attorney's office confirmed that the appeal has been received and that the process is moving forward. Holzhaus also provided the LBPOST.com with a copy of the appeal, which you may download and view by clicking here.

Pettit explained that the NRDC has appealed the Harbor Board’s November 2 decision to settle their lawsuit with the American Trucking Association (ATA), a determination that falls under the guidelines of the California Environmental Quality Act (CEQA).

Pettit says that a provision under state law allows decisions made under CEQA by appointed bodies to be appealed to the elected body that appoints the previous body.

Did that make sense? Since my own head is spinning, I’ll try again.

The NRDC will appeal the decision made by the Harbor Board of Commissioners on November 2, because that decision falls under CEQA guidelines. A provision under state law says that CEQA decisions made by appointed bodies – the Harbor Board – can be appealed, and will then be heard by the body that appointed the Harbor Board.

That would be the Long Beach City Council, according to Pettit.

This, he says, would give the City Council full power to reverse the Harbor Board’s November 2 decision and ultimately nullify the Port’s agreement to settle their lawsuit with the ATA.

The Port does enjoy the power to fully defend and settle its own lawsuits without interference, but since the findings were made under CEQA, they are open to appeal.

Pettit says that the Board’s decision last night to approve an ordinance to the Clean Trucks Program will also be appealed, though the process has not begun yet.

Pettit says there is no timetable yet for the Council to hear either of the NRDC’s appeals.

“My guess is they will consolidate the appeals and hear them together,” he said.

More information to come…

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