Legal News

Court to wait till next year to rule on clean-trucks program

By Richard Binder

A federal judge, claiming "a lot of complexity" to the issue, said Friday that he won't rule before next year on a Federal Maritime Commission request to block parts of the clean-trucks program at Southern California?s ports. Instead, U.S. District Judge Richard J. Leon gave attorneys until Dec. 17 to file responses to legal arguments at a hearing on the FMC?s request for a preliminary injunction against some portions of the plans.

The FMC, claiming irreparable harm to the shipping public, wants to block Los Angeles from mandating that only employee-drivers of certified motor carriers can serve the port and wants to stop financial incentives, including aid for truck purchases and exemptions for some truckers at the ports. FMC attorney Benjamin J. Trogdon told the court the truckers already are seeing the impact on competition and costs to shippers will rise. But attorney Steven Rosenthal, arguing for the city and the Port of Los Angeles, said there was no evidence of a change in the marketplace or in competition at a port complex he said was served by 800 to 1,300 truckers each day.

In light of no action being taken by the court, the clean truck programs remain on track.

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Full post as published by Legal Pad | LA on December 08, 2008 (boomark / email).