The West Coast's Other Elephant in the Room

Environmental activists are evolving into the new maritime force along the West Coast, almost rivaling the dock unions in their ability to get projects moving or stop them in their tracks. The saga over the Clean Truck Programs has shown that their support is essential.

But, this power is now being questioned for going too far and crossing the frontier of ethical leverage.

What upsets mariners is that in at least one case, the "Greens" seem to have used the equivalent of an iron fist inside in a velvet glove to get their way over air and noise pollution controls for container terminal expansion in Southern California.

Environmental lawsuits are easy to come by in the state, where the raft of regulations and state agencies provides juicy judicial pickings among the forest of complicated and wide-ranging statutes. If a court rejects an argument against a development or state agency, activists can trawl the red tape of another agency to come up with a different angle of attack.

This is seen as the reason for Long Beach agreeing to demands by environmental groups that special funds be set up, paid for by the port. The first to benefit, or suffer, depending on who is speaking, is the Middle Harbor Terminal, costing $750 million and, when at full speed in 2025, handling more than 3 million TEU a year. Another $15 million is being spent on environmental control in the area – "$5 million or more on grants to schools, $5 million or more for health-care and seniors' facilities, and $5 million or more on programs to reduce greenhouse gases," to use the port's own words.

Another of its phrases to do with the environmental money is "Port staff is (sic) recommending…"  This sticks in the craw of some observers, who say a truer statement is something like, "To avoid more lawsuits and under extreme pressure from the eco- activists, port staff is being forced to recommend…"

For there is no doubt that the project would be mired in legal action if the $15 million was not forthcoming. Some people even call the arrangement "eco-bullying", as the activists said outright that the sound of a judge's gavel would replace bulldozers if an environmental fund were not set up.

But the Greens are themselves under pressure from ordinary people who have seen jobs and money dry up and want the port to expand. The result is that the $15 million is a compromise.

There is an inevitable sequel to the story. Other local activist groups have popped up, plus an entire city, to object on pollution grounds. Port insiders say it is no coincidence that they aren't part of the $15 million fund.

 More negotiating is under way and the likely outcome is that they will have to get some of the share out, which could go to $20 million. That cost will be passed down the line, with the Wal-Mart shopper and local taxpayer picking up the tab.