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CLEAN TRUCKS SUIT * USA - Ports of L.A., Long Beach respond to ATA suit
The ports of Los Angeles and Long Beach filed a 60-page response to the American Trucking Association’s lawsuit
CAL,USA -Land Line Magazine -August 25, 2008: -- ... The ATA lawsuit filed in the United States District Court for the Central District of California claims federal regulations protecting interstate commerce prevent the ports from requiring that truckers be licensed concessionaires in order to enter the ports... In response to ATA’s claims, port attorneys contend that the ports are landlords issuing proprietary rules rather than regulations, and that being landlords negates ATA’s argument that trucks are protected under federal regulations governing interstate commerce... “As we will show, the concession contract aspect of the clean trucks program does not constitute ‘regulation’ as that concept is understood under the market participant doctrine but instead reflects the proprietary action of the Ports in their capacity as commercial enterprises and landlords”... Officials with the ports approved clean truck programs that will require trucks to meet 2007 engine emissions standards by December 2012, although that implementation may be delayed because of legal and regulatory action... The ATA’s suit seeks an injunction to prevent the ports from beginning the concessionaire portion of the clean trucks program... Both sides are scheduled to present their arguments before a federal judge on Sept. 8... The ATA appears to be at odds with at least two major carriers with memberships in the association who signed up this week to be concessionaires at the ports...
Labels: clean trucks suit
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