Judge denies filings in SoCal truck case

A U.S. District Court judge denied a motion Jan. 8 for industry parties to file friends of the court briefs in a case in which the U.S. Federal Maritime Commissions is seeking a preliminary injunction against the truck concession programs proposed by the ports of Los Angeles and Long Beach.

   U.S. District of Columbia Court Judge Richard J. Leon denied the amicus curiae filings sought by the National Industrial Transportation League, the National Association of Waterfront Employers (NAWE), and environmental groups Natural Resources Defense Council, Sierra Club, and Coalition for Clean Air.

   The NIT League and waterfront employers sought to file arguments in support of the FMC motion for an injunction, claiming the ports' truck plan would reduce drayage capacity and competition for port users, and unnecessarily increase operating costs. The environmental groups are in support of the plans.

   The NIT League said at last month's hearing to receive oral arguments from the FMC and ports that Leon had said he was inclined to grant amicus authority.

   Reporting on the order in its weekly newsletter, said the judge did not issue reasons for his decision, the NIT League said.

   The ports of Los Angeles and Long Beach, in a motion filed Jan. 6, asked the court to deny the amicus filings of the NIT League and NAWE. The ports argued in the motion that allowing the groups to join the case would essentially raise the groups to the legal level of intervenors, or co-defendants with the FMC. Intevernors in such cases are barred by statute.

   While the judge offered no reason for the decision, federal legal experts suggested that such blanket denials of amicus filings are often a way for the court to keep the case from becoming unwieldy.

Source: Transportweekly