Appeals Court Supports Preliminary Injunction Against LA/LB CTP Concession Plans
A press release by the American Trucking Associations states that on March 20, 2009, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of the ATA in its lawsuit seeking a preliminary injunction against the Los Angeles and Long Beach Ports Clean Truck Program Concession Plans.
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Preliminary Injunction Should be Granted Against All or Part of Concession Plans
ATA states that the three-judge panel ruled unanimously to remand the case to the U.S. District Court and indicated that the judge should grant the ATA a preliminary injunction against all or part of the Concession Plans.
The Court of Appeal's instructions to the District Court made clear that many elements of the Concession Plans must be preliminary enjoined, but leaves it to the District Court as to whether the entire Concession Plans should be halted.
At Least One Aspect Must be Enjoined - The LA Port's Ban on Owner-Operators
According to the release, the Court of Appeals indicated one aspect that must be preliminary enjoined is the Port of Los Angeles' ban on owner-operators.
The release adds that "The Court clearly understood the plight of the motor carriers and the no-win situation that the Concession Plans present them: refuse to comply and lose their customers and possibly their businesses, or comply and bear the costs of totally restructuring their business model."
(Any motor carrier out of compliance with a Port's Concession agreement has been barred from entering that Port, a situation that causes motor carriers to suffer both short and long-term capital losses and injuries to business goodwill.)
In addition, the ATA states that the Court of Appeals decision said it would not entertain any petition for rehearing, although the Ports could appeal to the Supreme Court.
(See ITT's Online Archives or 09/12/08 news, 08091299 1, for BP summary on District court's denial of the preliminary injunction. See ITT's Online Archives or 10/23/08 issue, 08102315, for BP summary on Justice Dept amicus brief in support of a subsequent ATA lawsuit against the CTP.)
9th Circuit Appeals Court decision (filed 03/20/09), available at http://www.ca9.uscourts.gov/datastore/opinions/2009/03/20/0856503.pdf
ATA release (dated 03/20/09) available at http://www.truckline.com/pages/article.aspx?id=501%2F{8E1C7279-ED27-4C03-B189-CEEEE26BBB12
Port of Long Beach release (dated 03/20/09) available at http://www.polb.com/news/displaynews.asp?NewsID=533&targetid=1
Port of Los Angeles release (dated 03/20/09) available at http://www.portoflosangeles.org/newsroom/2009_releases/news_032009_ninth_district_decision_statement.asp