The U.S. Court of Appeals for the Ninth Circuit ruled in favor of the American Trucking Associations (ATA) in its lawsuit seeking an injunction against the Ports of Los Angeles and Long Beach Concession Plans. The three-judge panel ruled unanimously to remand the case to the U.S. District Court and indicated the judge should grant the ATA an injunction against all or part of the Concession Plans.
“In short, motor carriers should not be required to adhere to the various unconstitutional provisions in the ports' (concession) agreements, and are likely to suffer irrevocably if forced to do that or give up their businesses,” the court's opinion said. ATA had not challenged the ports' Clean Truck Program, which bans older trucks and uses a container fee to subsidize the purchase of newer, cleaner trucks.
As of October 1, 2008, any motor carrier out of compliance with a port's Concession agreement had been barred from entering that port.
The Court of Appeal's instructions to the District Court made clear that many elements of the Concession Plans must be enjoined, but leaves it to the District Court as to whether the entire Concession Plans should be halted. The Court of Appeals indicated one aspect that must be enjoined is the Port of Los Angeles' ban on owner-operators. “That requirement is dead,” said Curtis Whalen, executive director of the Intermodal Motor Carrier Conference (IMCC) of the ATA. The Port of Long Beach Concession Plan did not ban owner-operators.
More information can be found at www.truckline.com.
