08/10/2008Federal Judge Christina Snyder has scheduled a Sept. 8 hearing on a request for a preliminary injunction to stop implementation of clean truck concession plans by the ports of Los Angeles and Long Beach and on a request to allow environmental groups to intervene in the case.

The American Trucking Associations - which had vowed to sue the ports if they attempted to implement their concession plans - filed its lawsuit last month, five working days after the Port of Los Angeles and Port of Long Beach released their concession applications to the trucking community. The ATA has also filed for a preliminary injunction, asking the judge to block the plans until a final decision on the case is made.

The ATA’s argument is that federal law prohibits state and local governments from interfering with truck rates, routes or services. The ports don’t have the authority to regulate the trucking industry, the ATA claims.

The ports, on the other hand, are expected to argue that they are market participants who are not attempting to regulate an industry but to set standards for companies that do business on their property, and that they do have a responsibility to protect the public health.

The ATA suit does not challenge the port’s program to clean up truck emissions through a progressive ban on older trucks or the ports’ attempt to subsidize the purchase of cleaner trucks.

If the ports want to proceed with that portion of their Clean Trucks Programs, the ATA has no problem with that, Curtis Whalen, executive director of the ATA’s Intermodal Motor Carriers Conference, told an International Warehouse and Logistics Association workshop last week.

Meanwhile, the Natural Resources Defense Council has filed a motion with the court, asking that it be allowed to intervene in the case along with the Coalition for Clean Air and the Sierra Club. They want to be allowed to present arguments on behalf of the ports’ plans.

– The Cunningham Report

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