In a follow-up audit by the Office of the Inspector General on the implementation of commercial vehicle safety requirements at the U.S.-Mexico border, FMCSA said the border will not open until a court-ordered environmental impact statement (EIS) and a Clean Air Act analysis is completed.

The Court of Appeals for the Ninth Circuit ruling effectively prevents FMCSA personnel from conducting safety audits and compliance reviews of Mexican trucks until the completion of the EIS and the Clean Air Act analysis.

Department officials said the delay could extend up to 24 months if an EIS is performed, or longer if environmental measures are required.

According to the court ruling, DOT is required to study the impact of increased air pollution on border-state communities and, where necessary, develop plans to lessen the anticipated harm, before it can move toward processing applications for cross-border trucking.

FMCSA spokesman David Longo told Fleet Owner that the agency has begun a process that will culminate in the preparation of the environmental reviews required by the court. At the same time, FMCSA is pursuing other legal avenues, Longo said.

In addition, the department is consulting with the Justice Department about seeking review by the Supreme Court, Longo said.

President George W. Bush signed off to allow trucks outside the zone and requiring them to meet all United States safety standards in November. However, the court ruled that the Bush administration violated environmental law when it announced the border opening to comply with the North American Free Trade Agreement (NAFTA).

A NAFTA provision allows truck companies in the United States, Mexico and Canada equal access to each other's roadways. But under pressure from the Teamsters union and other groups, the United States has barred access to Mexican carriers, citing a variety of concerns ranging from safety and security to lower wage standards.