Appeals court denies ATA request to stop Clean Truck Program

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 court found that 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. The Port of Long Beach said the ruling by the Court of Appeals removes that last potential legal impediment to the Clean Truck Program commencing on schedule. The Clean Truck Program requires truck firms enter into a port- approved concession agreement and the banning of pre-1989 trucks.   

Other components of the program, including the imposition of fees to help finance new trucks, will be implemented in a stepped approach. Port of Long Beach officials said they're reviewing an Order of Investigation issued by the Federal Maritime Commission Sept. 24. We are certain that these practices will be found reasonable and lawful under the Shipping Act of 1984, said Richard Steinke, Long Beach port executive director, in a statement.

The ports will continue to work closely with all interested federal, state and local governmental agencies, including the FMC, to ensure the effective measures to permit further growth and to ensure healthy living and working conditions are implemented as quickly as possible, he said. 

Source: American Shipper