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CLEAN TRUCKS' SUIT * USA - L.A.-Long Beach Ports Defend Concession Plans In Court Filing
Ports' Opposition Brief
Long Beach,CA,USA -The Cunningham Report -21 Aug 2008: -- The Port of Los Angeles and the Port of Long Beach filed their response this morning to the American Trucking Associations' request for a preliminary injunction against the ports' plan to require all trucking companies servicing the port to obtain a concession and agree to a long list of equipment and operational requirements... The ATA filed suit July 28 in U.S. District Court against the ports. The suit seeks to block imposition of the ports' separate concession plans and asks that the judge issue a preliminary injunction against implementation of the plans until the case can be resolved... The ATA contends that the ports' plan to require concessions is an attempt to reregulate an interstate and international industry - something that is preempted by federal law... The ports in their response, however, claim:
* The ports are exempt from federal preemption because the law cited by the ATA does not apply to the tidelands property on which the ports are located.
* The ports are exempt because they are landlords - market participants - that have the right as commercial enterprises to set standards for those who wish to do business there.
* The ports are exempt because the law cited by the ATA does not apply to port actions directed at the safety and security of the ports - one of the major goals of the Clean Trucks Programs concession requirements.
* The ports also claim that the public health benefits of cleaning up the trucking industry outweigh whatever financial interests the industry may have in blocking the plan...
Labels: clean trucks suit
posted by Unknown @ 8:26 AM
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