Court Watch - POSTED: 2010/01/06 12:48
The American Trucking Associations filed its final response brief with the U.S. District Court in Los Angeles seeking a summary judgment in its challenge to certain aspects of the Port of Los Angeles clean-truck concession requirements.
ATA charges that certain aspects of the port’s concession requirements violate the federal pre-emption provision that bars state and local entities from regulating motor carrier rates, routes and services.
The Port of Los Angeles is attempting to use its concession requirements to revoke a motor carrier’s authority to provide drayage service in the harbor, ATA stated. ATA also noted that the neighboring Port of Long Beach resolved this issue by replacing its clean-truck plan’s concession requirements with a registration agreement.
The U.S. District Court is scheduled to hear the ATA motion and the port’s cross motion for summary judgment on Jan. 11, with a decision expected shortly thereafter. A trial is scheduled for mid-March.