Morning glory

News June 19, 2001
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A U.S. District Court has struck down a proposed Texas Natural Resource Conservation Commission (TNRCC) regulation that would have banned the morning use of off-road diesel construction equipment during summer months. The American Road & Transportation Builders Association (ARTBA) and the Engine Manufacturers Association challenged the regulation in court, and ARTBA was granted intervenor status by the court last August.

The court also struck down a TNRCC mandate that highway contractors accelerate their purchase and use of cleaner burning diesel equipment. Both rulings set national legal precedents.

"This ruling is a victory for transportation contractors and the public," ARTBA President Pete Ruane said. "The judge agreed with us that arbitrarily forcing the industry into nighttime construction has serious economic and safety implications that government agencies must recognize. The TNRCC morning construction ban would have put our workers and motorists at increased risk and delayed needed road capacity and safety improvements for negligible, if any, air quality benefits."

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