9th Circuit Issues Ruling in ATA Port Litigation

Friday, February 26, 2010 by Transportation Lawyer
On Wednesday, February 24th, the Ninth Circuit issued an opinion declining to direct the District Court to issue an injunction against 8 aspects of the Port of Los Angeles concession agreement implemented as part of its Clean Truck Program.  The expansion of the previously issued injunction was requested by the American Trucking Associations and challenged those elements of the concession agreement not previously enjoined by the District Court; it did not challenge those aspects of the Clean Truck Program that are intended to improve air quality.  This Ninth Circuit opinion did not involve the previously issued injunction that prohibits the Port of Los Angeles from enforcing an owner-operator ban, meaning that Los Angeles remains prohibited from enforcing the owner-operator ban.  This most recent decision does vacate the District Court order which had allowed enforcement of a placarding requirement that was contained in the concession agreement, but otherwise, the ruling had little impact on drayage operations at the port.  The District Court conducted its hearing on the parties’ summary judgment motions on Thursday, February 25th, and an order on those motions is expected shortly.  In is anticipated, however, that the order will preserve most issues for trial on the merits which is set to commence April 20th.

Comments for 9th Circuit Issues Ruling in ATA Port Litigation

Leave a comment





Captcha