Work to Resume on Port of L.A. Terminal

A federal judge Friday rejected a request to stop construction of a 174-acre terminal in the Port of Los Angeles until a study of its impact on health and safety could be completed.

The request for a preliminary injunction against the China Shipping Holding Co. Ltd. was filed by a coalition of community and environmental groups that fears the project will generate dangerous amounts of diesel emissions in neighboring San Pedro and Wilmington.

Those communities already suffer from some of the worst big rig congestion and highest concentrations of diesel emissions in the region.

The group claimed the U.S. Army Corps of Engineers violated federal law by permitting construction of the terminal’s first wharf without reviewing the cumulative impacts of the entire three-phase project.

The coalition’s hopes were buoyed Tuesday when U.S. District Court Judge Margaret Morrow issued a temporary restraining order to halt construction of the terminal, even as work crews rushed to pour 100 feet of concrete.

Anticipating a possible legal delay, port contractors have been rushing to complete the project, which is about 60% finished.

Morrow promised to rule Friday on whether to let work resume or to extend the construction ban with a preliminary injunction.

Port officials predicted that delays caused by a preliminary injunction would cost the port about $1.2 million a month.

Port authorities also feared delays would sully their reputation as good business partners with some of the world’s largest shipping firms.

In her ruling released early Friday evening, Morrow agreed with points made by both sides but ultimately sided with the port on key issues.

While it was likely that the corps violated federal law by not evaluating the project’s cumulative impacts, she wrote, the plaintiffs had not proved the public would be “sufficiently harmed” by finishing the first wharf before environmental reviews could be completed.

Both the Port of Los Angeles and China Shipping have said they will conduct environmental reviews of the second and third phases before starting to build them.

Coalition attorney Gail Feuer of the Natural Resources Defense Council said, “We are seriously considering appealing this ruling.”

Councilwoman Janice Hahn, whose district includes the area, did not take issue with Morrow’s ruling, but called the environmental review of the second and third phases necessary. She warned that she will keep a close eye on the project and “hold the port responsible and accountable to the community throughout this entire project.”

The terminal, which is being built 500 feet away from San Pedro homes, will include two wharves designed to handle 260 cargo ships and 1.5 million 20-foot containers each year. Four of 10 new cranes will stand 16 stories tall, blocking views of open water.

The controversy erupted a year ago after the Los Angeles City Council unanimously awarded China Shipping a $650-million lease agreement on the property on the west side of the harbor just north of San Pedro’s Vincent Thomas Bridge.

Councilwoman Ruth Galanter, who strongly supports China Shipping, said at the time that failing to act promptly on the company’s request for a lease and permit would have scuttled the deal.

Harbor-area organizations initially filed a lawsuit in Los Angeles County Superior Court against Los Angeles, the Los Angeles Harbor Department and China Shipping.

The state court ruled against the coalition, which includes the Natural Resources Defense Council, San Pedro and Peninsula Homeowners Coalition, San Pedro Peninsula Homeowners United Inc. and the Coalition for Clean Air.

The group is appealing the state court ruling.

Last April, the U.S. Army Corps of Engineers gave China Shipping a permit to build a 1,200-foot-long wharf after determining that it would actually improve regional air quality by enhancing efficiency in cargo handling in an existing industrial zone.

The coalition challenged that permit in federal court on grounds that the corps should have assessed the “cumulative” impact of the entire three-phase project before allowing construction of the first wharf to begin.

Nicholas Tonsich, president of the Board of Harbor Commissioners, has called for a meeting with China Shipping officials to allay any possible concerns.

The terminal is being built on what is known as Berth 100. Chevron USA used the area for seven decades as a crude oil tank farm with two tanker wharves. As recently as 10 years ago, a portion of the property was used as a shipyard.