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Environmental review ordered for letting Mexican trucks in U.S.

Court rules against Bush administration

Trucks were backed up on a Mexican toll road near the U.S. border this past December in Nogales, Mexico.
Trucks were backed up on a Mexican toll road near the U.S. border this past December in Nogales, Mexico.

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WASHINGTON (CNN) -- The Bush administration suffered a setback Thursday when a federal appeals court ordered the Transportation Department to examine the environmental impact of allowing Mexican trucks to operate on U.S. highways.

A three-judge panel of the Ninth U.S. Circuit Court of Appeals in San Francisco backed a coalition of environmentalists, public interest groups, the Teamsters and trucking industry leaders who challenged President Bush's order last year allowing Mexican trucks to carry cargo throughout the United States.

"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," the court declared.

For the past 20 years, Mexican trucks have been restricted to a 20-mile commercial zone along the U.S. border. Cargo going farther must be transferred to U.S. trucks.

Mexican rigs have applied for permits under the new policy but none have been granted while the administration awaited the ruling.

"We are reviewing the ruling but have made no decision as to what our next step will be," said Justice Department spokesman Charles Miller. Justice Department attorneys unsuccessfully sought to defend the order for Transportation Secretary Norman Mineta, whose department was implementing the plan.

The administration plan requires that Mexican trucks pass safety inspections but not clean-air inspections before hauling loads to U.S. destinations.


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