A court has consolidated lawsuits opposing the U.S. cross-border program with Mexico and operating authority has been granted to a second Mexican carrier.

The Teamsters union, Public Citizen and Sierra Club petitioned the U.S. Court of Appeals for the 9^th Circuit Nov. 15. The court granted the Department of Justice’s request to transfer that case to the District of Columbia’s appellate court, where the Owner-Operator Independent Drivers Association had filed suit July 6, also seeking to block the program from proceeding.

On Jan. 6, the court ordered oral arguments in both cases are to be on the same day before the same panel of judges, but no date had been set. The Federal Motor Carrier Safety Administration’s brief is due Feb. 1 and the petitioners’ reply brief Feb. 22.

The agency had granted provisional operating authority to Moises Alvarez Perez of Tijuana, Baja California Dec. 28. The carrier, DBA Distibuidora Marina El Pescador, lists one truck and one driver, according to a Jan. 9 FMCSA report.

Transportes Olympic, which has one truck and two drivers, was the first program participant to deliver beyond the border zone Oct. 21. The carrier, based in Apodaca, Nuevo León, is the only applicant to receive permanent operating authority.

Distibuidora Marina, Transportes Olympic and Grupo Behr of Apodaca, Nuevo León, have cleared Pre-Authority Screening Audits, which the agency conducts on applicants to verify program compliance.