Court hears lawsuit on program allowing Mexican trucks into U.S.

[Omaha Steve]

http://www.mercurynews.com/breakingnews/ci_8240305

By PAUL ELIAS Associated Press Writer
Article Launched: 02/12/2008 10:13:16 AM PST

SAN FRANCISCO—A federal appeals court considered Tuesday whether the Bush administration can go ahead with a pilot program that allows a small number of Mexican trucks to travel freely on U.S. highways, despite a new law by Congress against it.

Members of the Teamsters Union and their supporters packed a courtroom at 9th U.S. Circuit Court of Appeals, where an apparently divided three-judge panel heard arguments in the case, which may boil down to the meaning of "establish."

Several tractor trailers also were parked outside the courthouse and union members and their supporters carried signs opposing the program, which allows participating Mexican trucking companies to send loads throughout the United States.

The Teamsters, Sierra Club and Public Citizen sued the administration in August to try to stop the program, which the U.S. agreed to as part of the 1994 North American Free Trade Agreement.

In December, Congress passed legislation banning funding to "establish" a program that allows U.S.-certified Mexican trucks to carry loads across the border and into the country. But the Department of Transportation interpreted "establish" as meaning to start a new program rather than to stop the current one, which was launched in September.

"The congressional intent is unambiguous," said Judge Dorothy Nelson, one of three appellate judges who will decide the issue. "The intention was to halt the pilot program."

FULL story at link.