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	<title>Comments on: 9th Circuit hears oral arguments in Sierra Club v. FMCSA</title>
	<atom:link href="http://lifeontheroad.com/2008/02/18/9th-circuit-hears-oral-arguments-in-sierra-club-v-fmcsa/595.html/feed/" rel="self" type="application/rss+xml" />
	<link>http://lifeontheroad.com/2008/02/18/9th-circuit-hears-oral-arguments-in-sierra-club-v-fmcsa/595.html</link>
	<description>Discussion and opinions about the trucking industry</description>
	<pubDate>Tue, 02 Dec 2008 21:27:09 +0000</pubDate>
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		<title>By: Porter Corn</title>
		<link>http://lifeontheroad.com/2008/02/18/9th-circuit-hears-oral-arguments-in-sierra-club-v-fmcsa/595.html#comment-1329</link>
		<dc:creator>Porter Corn</dc:creator>
		<pubDate>Wed, 20 Feb 2008 15:38:58 +0000</pubDate>
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		<description>Well Don, as one of the Justices pointed out, 10 trucks is enough for statistical relevancy, using the "coin toss" odds as an example.

And after all, as Mellissa Delaney has pointed out in the past, there is no requirement for a Pilot Program, Demonstration Project, call it what you will.

The Sierra Club argument, in my judgment, is frivolous, All of the trucks in Mexico, with exception of the Dina's and a couple of other marques, that are not sold outside of Mexico, are in compliance with EPA directives in force on date of manufacture.

As the attorney for the government pointed out in her reasoning why the program was allowed to continue. In the same bill, and concerning transportation issues, there were a couple of other amendments to kill programs that used stronger language than the word "establish". Dorgan's amendment had the same language initially, but was stripped down to the word "establish". 

Another interesting thing I came to understand listening to the audio, was the majority of the outrageous claims that have been made over the past year by the Teamsters, OOIDA, Public Citizen and others, were glaringly absent in the arguments before the court.  Why was this? Did the lawyers simply "forget" these "important" statements, or could they have been, as I have pointed out many times, gross fabrications and mangling of the facts.

Personally, I wish that President Bush, as his last great act of defiance, would lift the 1982 Moratorium, which he has the power to do, and put an end to this farce of a lawsuit.</description>
		<content:encoded><![CDATA[<p>Well Don, as one of the Justices pointed out, 10 trucks is enough for statistical relevancy, using the &#8220;coin toss&#8221; odds as an example.</p>
<p>And after all, as Mellissa Delaney has pointed out in the past, there is no requirement for a Pilot Program, Demonstration Project, call it what you will.</p>
<p>The Sierra Club argument, in my judgment, is frivolous, All of the trucks in Mexico, with exception of the Dina&#8217;s and a couple of other marques, that are not sold outside of Mexico, are in compliance with EPA directives in force on date of manufacture.</p>
<p>As the attorney for the government pointed out in her reasoning why the program was allowed to continue. In the same bill, and concerning transportation issues, there were a couple of other amendments to kill programs that used stronger language than the word &#8220;establish&#8221;. Dorgan&#8217;s amendment had the same language initially, but was stripped down to the word &#8220;establish&#8221;. </p>
<p>Another interesting thing I came to understand listening to the audio, was the majority of the outrageous claims that have been made over the past year by the Teamsters, OOIDA, Public Citizen and others, were glaringly absent in the arguments before the court.  Why was this? Did the lawyers simply &#8220;forget&#8221; these &#8220;important&#8221; statements, or could they have been, as I have pointed out many times, gross fabrications and mangling of the facts.</p>
<p>Personally, I wish that President Bush, as his last great act of defiance, would lift the 1982 Moratorium, which he has the power to do, and put an end to this farce of a lawsuit.</p>
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		<title>By: Don Link</title>
		<link>http://lifeontheroad.com/2008/02/18/9th-circuit-hears-oral-arguments-in-sierra-club-v-fmcsa/595.html#comment-1328</link>
		<dc:creator>Don Link</dc:creator>
		<pubDate>Wed, 20 Feb 2008 04:54:05 +0000</pubDate>
		<guid isPermaLink="false">http://lifeontheroad.com/2008/02/18/9th-circuit-hears-oral-arguments-in-sierra-club-v-fmcsa/595.html#comment-1328</guid>
		<description>I listened to part of the court hearing..... I am not sure the Sierra Club has any real interest in this case....except for their possible concern about the environmental impact of sub-standard Mexican trucks... 

I do think the FMCSA staff is wrong to continue this program after the funding was cut by the Congress.... 

I also think the number of Mexican companies is not sufficient to warrant an accurate test....but I also think they should not have been invited to participate in the test program either.... I was not in favor of NAFTA....and think our own elected leaders and bureaucrats  are "selling us down the river" ..... Has anyone looked at our so called "balance of trade" and the devaluation of the dollar of late???

Don Link</description>
		<content:encoded><![CDATA[<p>I listened to part of the court hearing&#8230;.. I am not sure the Sierra Club has any real interest in this case&#8230;.except for their possible concern about the environmental impact of sub-standard Mexican trucks&#8230; </p>
<p>I do think the FMCSA staff is wrong to continue this program after the funding was cut by the Congress&#8230;. </p>
<p>I also think the number of Mexican companies is not sufficient to warrant an accurate test&#8230;.but I also think they should not have been invited to participate in the test program either&#8230;. I was not in favor of NAFTA&#8230;.and think our own elected leaders and bureaucrats  are &#8220;selling us down the river&#8221; &#8230;.. Has anyone looked at our so called &#8220;balance of trade&#8221; and the devaluation of the dollar of late???</p>
<p>Don Link</p>
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		<title>By: charles miller</title>
		<link>http://lifeontheroad.com/2008/02/18/9th-circuit-hears-oral-arguments-in-sierra-club-v-fmcsa/595.html#comment-1325</link>
		<dc:creator>charles miller</dc:creator>
		<pubDate>Tue, 19 Feb 2008 12:08:58 +0000</pubDate>
		<guid isPermaLink="false">http://lifeontheroad.com/2008/02/18/9th-circuit-hears-oral-arguments-in-sierra-club-v-fmcsa/595.html#comment-1325</guid>
		<description># 1 job of the new president should be to ban ALL SPECIAL INTEREST GROUPS AND LOBBYESTS.....THESE JERKOFFS HAVE RUINED THIS COUNTRY...........................</description>
		<content:encoded><![CDATA[<p># 1 job of the new president should be to ban ALL SPECIAL INTEREST GROUPS AND LOBBYESTS&#8230;..THESE JERKOFFS HAVE RUINED THIS COUNTRY&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;</p>
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		<title>By: Wayne Weisser</title>
		<link>http://lifeontheroad.com/2008/02/18/9th-circuit-hears-oral-arguments-in-sierra-club-v-fmcsa/595.html#comment-1324</link>
		<dc:creator>Wayne Weisser</dc:creator>
		<pubDate>Tue, 19 Feb 2008 11:27:56 +0000</pubDate>
		<guid isPermaLink="false">http://lifeontheroad.com/2008/02/18/9th-circuit-hears-oral-arguments-in-sierra-club-v-fmcsa/595.html#comment-1324</guid>
		<description>Sierra Club got involved in the beginning of all this saying, the Mexican trucks were old and were not up to today's emission standards and would pollute the environment. Unlike all the hot air the Sierra Club is expelling causing global warming.</description>
		<content:encoded><![CDATA[<p>Sierra Club got involved in the beginning of all this saying, the Mexican trucks were old and were not up to today&#8217;s emission standards and would pollute the environment. Unlike all the hot air the Sierra Club is expelling causing global warming.</p>
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		<title>By: Tim</title>
		<link>http://lifeontheroad.com/2008/02/18/9th-circuit-hears-oral-arguments-in-sierra-club-v-fmcsa/595.html#comment-1323</link>
		<dc:creator>Tim</dc:creator>
		<pubDate>Tue, 19 Feb 2008 11:06:19 +0000</pubDate>
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		<description>What the hell is the Sierra Club got to do with mexican trucks? For the life of me I can not figure that out!
 &lt;strong&gt;"He also made reference to the 161,000 OOIDA members, which I am sure impressed the court."&lt;/strong&gt; oooooohhh! I'm Impressed! How many millions of truckers are there in this country? OOIDA can only get 161 thousand to join up? What a joke!</description>
		<content:encoded><![CDATA[<p>What the hell is the Sierra Club got to do with mexican trucks? For the life of me I can not figure that out!<br />
 <strong>&#8220;He also made reference to the 161,000 OOIDA members, which I am sure impressed the court.&#8221;</strong> oooooohhh! I&#8217;m Impressed! How many millions of truckers are there in this country? OOIDA can only get 161 thousand to join up? What a joke!</p>
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