NIT League seeks to join ATA in effort to block SoCal truck plan
American Trucking Associations' legal efforts to block portions of the Southern California ports' impending truck re-regulation plan.
The trade association, which represents more than 700 firms involved in goods movement, asked the Ninth Circuit Court of Appeals to allow the trade group to join in support of an ATA appeal before the court as an amicus curiae, or 'friend of the court.'
ATA filed the appeal Friday of a U.S. District Court Sept. 10 ruling that denied the trucking group's request for an injunction against the ports' truck plan. On Monday, ATA also filed an emergency motion with the Ninth Circuit Court to obtain an expedited hearing before an appellate panel and an emergency injunction against the ports.
The circuit court on Monday approved an expedited time frame for a hearing, ordering the ports to file arguments by 9 a.m. Wednesday and the ATA to file its response to the ports no later than 5 p.m. the same day. The court is expected to rule on the ATA appeal and emergency motion before Sept. 30.
The Long Beach and Los Angeles ports' truck plan, which is to take effect Oct. 1, seeks to cut ports-generated diesel pollution by replacing or retrofitting the privately owned and operated fleet of nearly 17,000 trucks that move containers in and out of facilities at the two ports. In addition to a container tax and a ban of older trucks, the ports' truck plan calls for trucking firms to obtain an access license from the ports.
While neither the NIT League nor ATA are opposed to the $35-per-TEU tax and truck ban portions of the truck plan, according to its filing, the NIT League supports the ATA position that the access licenses, called concession agreements by the ports, violate federal interstate commerce laws.
'The NIT League's members support the ATA's appeal because they are concerned that the concession plans would severely restrict drayage capacity at the ports, leading to operational turmoil, costly delays, and other significant disruptions to their supply chains,' said the league in its filing.
These disruptions could result in 'major financial costs' to NIT League members, 'considerable harm to the good will that NIT League members have developed with their suppliers and customers,' and low supply chain inventories which may impact the national economy as a whole.
'Additionally, the NIT League's shipper members are extremely concerned about the possibility of other ports imposing similar restrictive economic regulatory schemes on their drayage service providers, leading to a domino effect of possible reduced truck capacity and rapidly spiraling costs to shippers at major ports nationwide,' said the NIT League filing.
NIT League also asked the Ninth Circuit Court to consider a separate letter of support from the trade group, reiterating the alleged harm to its members and a request that the appeals court reverse the lower court denial of the injunction against the access licenses.
NIT League filed the amicus motion after Long Beach and Los Angeles officials refused to give their consent to allow the trade group to join ATA's emergency motion request before the Ninth Circuit.
As a 'friend of the court,' the league would not be a direct party to the case, but can volunteer information on points of law under discussion or other aspects of the case to assist the court in reaching a decision.
The NIT League would join the National Retail Federation, which represents more than 100 state national and international retailer associations, in support of ATA.
The Natural Resources Defense Council, the Sierra Club and the Coalition for Clean Air have joined the suit as co-defendants with the ports. ' Keith Higginbotham
NIT League seeks to join ATA in effort to block SoCal truck plan
