ATA files reply brief on port plans in 9th Circuit Court of Appeals

ATA contends the District Court committed legal error 'by focusing its irreparable harm analysis on the harm suffered by motor carriers associated with complying with Plans, rather than harm (complete loss of business) visited upon motor carriers that refuse to comply with the unlawful Concession Agreements'

The Trucker News Services

12/23/2008

The American Trucking Associations filed its reply brief in the Ninth Circuit Court of Appeals last week in its effort to secure an injunction against the enforcement of the Ports of Los Angeles and Long Beach’s Concession Plans. This completes the briefing process and positions the case for oral argument and/or a final decision by the court on the injunction request.

In its brief, ATA asserts that:

• The District Court committed reversible error by extending the narrow motor vehicle safety exception to the Federal Aviation Administration Authorization Act ("FAAAA") rates, routes, and services preemption to generalized port safety and security measures and that such a broad application of the exception is directly contrary to the U.S. Supreme Court’s holding in Rowe v. New Hampshire Motor Transport Ass’n, 128 S.Ct. 989 (2008)

• The inapplicability of the safety exception to the Concession Plans is strongly supported by the brief of the United States Department of Transportation whose view is entitled to great deference because it is the federal agency entrusted with the primary authority to apply and enforce the preemption provision 

 • The District Court committed legal error by focusing its irreparable harm analysis on the harm suffered by motor carriers associated with complying with Plans, rather than harm (complete loss of business) visited upon motor carriers that refuse to comply with the unlawful Concession Agreements, and

 • The District Court also erred when it found that an injunction would harm the Ports’ environmental and security efforts because those elements of the Clean Truck Program (retirement of older trucks, implementation of PortCheck gate program) would not be impacted by an injunction of the Concession Plans.

 ATA asked the Appeals Court to reverse and remand to the District Court’s denial of the preliminary injunction and order it to revisit its findings in light of the correct legal standards and further factual developments since the September District Court hearing.

Dorothy Cox of The Trucker Staff can be reached for comment at dlcox@thetrucker.com.