ATA denied emergency injunction, truck plan appeal moves forward

ATA denied emergency injunction, truck plan appeal moves forward

   The U.S. Court of Appeals for the Ninth Circuit on Wednesday denied a request by the American Trucking Associations for an injunction to prevent the Southern California ports of Long Beach and Los Angeles to proceed with their Clean Truck Program, scheduled to take effect on Oct. 1.

   The three-judge panel also denied an expedited hearing schedule for the appeals case, ruling the ATA 'failed to establish that it will be irreparably injured absent an injunction, or that the public interest lies in favor of granting an injunction.'

   In filing the emergency motion with the court on Sept. 14, the ATA sought to block the Oct. 1 start date of the two ports' truck plan.

   Wednesday's Ninth Circuit decision puts the ATA appeals case on a normal track that requires the trucking association to file briefs with the court by Oct. 8 and the ports to file responses by Nov. 5.

   Attorneys for ATA expect the appeals case to be decided by the end of November.

   The Port of Long Beach said it plans to move forward with the Oct. 1 startup of the truck plan, which includes a ban on more than 2,000 pre-1989 model year trucks and requires ports-issued access licenses for all trucks seeking entry to the ports.

   'It appears unlikely that the ATA’s appeal will be decided until after completion of a full briefing and argument in 2009,' the port said in a statement.

   The neighboring Los Angeles port also indicated it plans to move forward with the truck plan on Oct. 1.

   On Sept. 9, U.S. District Court Judge Christina Snyder ruled the ports successfully proved that an access license, or concession agreement, portion of their trucking plan is exempt from the federal preemption argument made by ATA in its lower court request.

   A full lawsuit brought by ATA against the ports' truck plan continues to move through the District Court and has not been affected by the injunction rulings, according to ATA.

   In Wednesday's ruling, the Ninth Circuit also approved requests by the National Industrial Transportation League and the National Association of Waterfront Employees to join the ATA in its appeal. The two groups are expected to file briefs with the Ninth Circuit by the middle of October.