American Trucking Associations said the U.S. District Court of Los Angeles has set a Sept. 8 hearing date on ATA’s motion for preliminary injunction on the harbor commissions of the ports of Los Angeles and Long Beach, Calif.
ATA filed suit in late July, claiming the ports “unlawfully re-regulated the federally de-regulated trucking industry” and that port plans for cleaner drayage trucks go beyond cleaning the ports’ air. (Click here for previous Premium Content story.)
A ruling is expected shortly after the hearing, ATA said. It had originally been set for Aug. 25, but was postponed because of court scheduling.
In a status conference with the court conducted Aug. 7, the ports confirmed that if the concession plans were not enjoined, there would still be time for carriers to apply for and receive concessions before the Oct. 1 enforcement date, ATA said.
ATA’s suit asked the court to issue a permanent injunction blocking the ports from enforcing concession requirements the group said have “the effect of regulating the prices, routes, or services of motor carriers” performing drayage at the ports.
Both ports’ clean-truck plans are scheduled to go into effect Oct. 1; they include a $35 per 20-foot cargo container fee to fund a $1.6 billion plan to help carriers purchase new cleaner-running trucks or retrofit current equipment.
Both plans aim to reduce diesel emissions at the ports by 80%. Beginning Oct. 1, no pre-1989 trucks will be allowed in the ports, and by 2012, all trucks would be required to meet 2007 diesel emissions standards.
