The Harbor Trucking Association of Southern California, in a brief filed Wednesday with the U.S. Court of Appeals for the 9th Circuit, outlined what it believes will be the financial and operational burdens that would result from implementation of certain concession requirements in the Port of Los Angeles clean-truck program.
The association, which represents 80 licensed motor carriers serving the ports of Los Angeles and Long Beach, filed an amicus brief in the ongoing litigation involving the American Trucking Associations and the Port of Los Angeles.
Harbor trucking companies, most of which contract with owner-operators, would not be able to serve the Port of Los Angeles if the concession requirement mandating the use of employee drivers is upheld on appeal to the 9th Circuit.
By The Numbers: Containerized Ocean Trade - Southern California Ports.
"Our industry spent nearly $1 billion in purchasing new, cleaner trucks and we want to protect our commitment to clean air and preserve the future of small businesses everywhere to operate without undue interference," said Fred Johring, president of the association.
The amicus brief, prepared with the assistance of the Center for Constitutional Jurisprudence at Chapman University School of Law, mirrors the ATA's legal position that charges federal preemption law prohibits state and local entities from regulating motor carriers engaged in interstate commerce.
The U.S. District Court in Los Angeles in September upheld the port's concession requirements, ruling that since it competes with other ports and is attempting to protect its market position the requirements fall under the market participant exception to federal preemption law.
ATA has appealed that ruling to the appellate court in San Francisco. U.S. District Court Judge Christina Snyder agreed to enjoin the port's employee-driver mandate while the case is under appeal to the 9th Circuit.
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