ATA launches appeal against CTP judgement

News 20 Sep 2008 by WCN Editorial

The American Trucking Associations (ATA) is seeking immediate review of US District Judge Christina Snyder’s denial of its request for a preliminary injunction against the Ports of Los Angeles and Long Beach to halt implementation of their concession agreements under their controversial Clean Truck Programs (CTP).

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ATA opposes the licensed motor carrier (LMC) concession agreements, but says its supports the CTP, including the phased retirement of older trucks from port drayage operations and their replacement with newer, cleaner vehicles.

It argues that LMC concessions are simply not needed to meet the ports’ environmental goals. An emergency motion has been filed with the US Court of Appeals (Ninth District).

However, the Port of Los Angeles’ executive director Dr Geraldine Knatz said: “A concession-based trucking system is central to the sustainability of the Clean Truck Program and critical in our efforts to clean the air and operate a safe, secure port. [The disctrict court’s] ruling and our growing list of concession applicants, puts us in a good position for a strong program start.”

The National Industrial Transportation League (NITL) has told the court that it supports ATA’s motion and is seeking permission from this court to participate as an amicus curiae (friend of the court) on the merits of arguments against the CTP’s LMC concession provisions.

Although there a number of objections to the LMC concessions, the most controversial element concerns the effective ban in the Los Angeles (not Long Beach) CTP on owner/operator truck drivers. It is hoped to file a full report in the September 2008 edition of WorldCargo News (but see also recent web posts and WorldCargo News, March 2008, p42).