U.S. District Court Judge Christina A. Snyder on April 29 issued a final ruling confirming her preliminary ruling on Monday that the ports of Los Angeles and Long Beach may continue to enforce certain provisions in their concession agreements, but not those concession requirements that the trucking industry finds especially onerous.
Judge Snyder enjoined several provisions in the Los Angeles-Long Beach clean-trucks concessions, including a Los Angeles requirement that motor carriers hire drivers as direct employees, as well as requirements for off-street parking of trucks and proof that a motor carrier is financially capable of operating in the harbor.
The American Trucking Associations opposed those provisions, arguing that they amounted to re-regulation of motor carriers by a local government entity. ATA also opposed the provisions on grounds that they would lead to a harbor trucking industry dominated by large motor carriers whose drivers could be organized by the Teamsters union.
ATA had sought a preliminary injunction against the ports’ concession agreements in their entirety, but Judge Snyder allowed a number of the concession requirements to stand. In effect, the ports will still be able to use concession agreements to ensure that motor carriers adhere to the environmental, safety and security goals of the clean-trucks programs.
Judge Snyder will hear the case on its merits later this year. She scheduled a pre-trial status conference for Sept. 14 and a trial date for Dec. 15.
Contact Bill Mongelluzzo at email@example.com .