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May 5, 2009

CLEAN TRUCKS PROGRAM * USA - Port of LA/Long Beach ruling supports shippers, not unions

The Teamsters and political allies intent on organizing drivers as part of the “Clean Air Program,” were given a major setback by both the courts and a prominent shipper organization late last week


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Long Beach,CAL,USA -Logistics Management, by Patrick Burnson -27 April 2009: -- ... A judge for the U.S. District Court for the District of Columbia denied a motion by the U.S. Federal Maritime Commission (FMC) to issue a preliminary injunction against portions of the Port of Los Angeles and Port of Long Beach respective clean trucks programs, noting that the Commission failed to demonstrate the necessary likelihood of success on the merits and irreparable harm if the injunction was not granted... U.S. District of Columbia Court Judge, Richard J. Leon, also observed that the ports’ motions to dismiss the FMC's complaint (as amended) are pending and that his decision is confined to the finding on the FMC's motion for the court to grant a preliminary injunction... Industry observers also note that Judge Leon distinguishes the irreparable harm at issue under the Shipping Act as compared to California's Ninth Circuit case in which the appellate court rendered a decision in favor of the American Trucking Associations which sought an injunction over the clean truck programs...

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