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CLEAN TRUCKS * USA - DOJ Backs Appeal of Port Trucks Plan
The Department of Justice is backing trucking industry groups in claims that certain provisions of the Los Angeles-Long Beach clean-air trucking concession requirements are preempted by federal law
Washington,DC,USA -Traffic World/Journal of Commerce, by Bill Mongelluzzo -21 Oct 2008: -- ... In a brief filed in support of the American Trucking Associations, Justice said the U.S. District Court in Los Angeles erred in its ruling in September the ports are exempt from federal preemption laws in this case... The ATA sought a preliminary injunction from the federal court to prevent the ports' clean-air concession requirements from taking effect on Oct. 1. The court denied ATA's request and the trucking association appealed the decision to the 9th Circuit in San Francisco... Justice, in its brief filed late Monday, said the 9th Circuit should hold that the LA-Long Beach concession requirements fall within the preemptive provisions of federal law and the case should be remanded back to the district court for reconsideration... The action by the ports constitutes a licensing scheme for motor carriers, and state or local licensing of motor carriers is clearly prohibited by federal preemption statutes, Justice stated... The ports also claim exemption from federal preemption on the grounds that they are market participants in the procurement of trucking services. Justice said this claim is "meritless" and stated that the ports "do not participate in any relevant market"... The ports have until Nov. 5 to file their arguments with the 9th Circuit Court...
* NITL Joins ATA Suit Against Ports
Washington,DC,USA -Traffic World -22 Oct 2008: -- The country's largest shipper group joined truckers this week in arguing that parts of the clean trucks program at Southern California's ports violate federal preemption standards in interstate commerce... In a "friend of the court" brief filed with the U.S. Court of Appeals for the 9th Circuit, the National Industrial Transportation League said the lower district court was wrong in permitting the Ports of Los Angeles and Long Beach to go forward with a truck concession licensing program...
Labels: "Clean Trucks" Programs
posted by Unknown @ 4:01 PM
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