City Attorney Robert Shannon wrote that because the settlement was agreed in a federal court, neither the city nor the state of California can entertain an appeal of the agreement. Additionally, Shannon said the appeal was not filed within the proper time period — 10 days of the decision.
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The ATA has similarly fought the Port of Los Angeles, successfully suing to stop the port from directly banning trucking companies for not replacing older trucks with ones that have cleaner burning diesel engines. Los Angeles is also requiring all truckers doing business at the port to be employee drivers rather than independent operators, a provision not included in Long Beach's plan.
The appeal to the Long Beach City Council over the settlement was filed by the Natural Resources Defense Council.
