American Trucking Associations gets go-ahead on concession hearing

“This, by no means, represents a compromise,” said Curtis Whalen, executive director of the ATA’s intermodal conference.

By ·

In an ongoing legal battle, the U.S. Court of Appeals for the 9th Circuit granted a petition by the American Trucking Associations (ATA) to expedite the filing of briefs in its suit against the concession requirements in the Port of Los Angeles so-called “clean-truck program.”

“This, by no means, represents a compromise,” said Curtis Whalen, executive director of the ATA’s intermodal conference. “Had we not we not offered to submit a brief first, the port would have done the same thing. We are both eager to end this early.”

Indeed, the appellate court noted that ATA’s request for an expedited hearing was unopposed. Now the deadline is December 28. The Natural Resources Defense Council’s answering briefs must be filed by Jan. 31, 2011, with ATA’s optional reply brief permitted to come within 14 days of the answering brief.

While virtually all U.S. seaports have a “clean trucks” initiative, the coinage has been embraced by the International Brotherhood of Teamsters and a coalition of disparate community groups to push independent owner-operators out of the harbor drayage business.

As reported in LM, ATA requested an expedited hearing, thereby pushing the process forward by two months from the appellate court’s originally-published schedule.

Initially, the 9th Circuit refused the request on November 4, before ATA’s appellate court agreed to hasten the filing of the briefs.

“So, by reversing themselves,” said Whalen, “they bought everyone some time.”

And time, it would seem, is of the essence. Now that inbound freight is increasing at the port, shippers are eager to find out if their drayage costs will increase if and/or when Teamster drivers are employed.

According to spokesmen for the 9th Circuit, after briefing is complete, this case will be calendared as soon as possible.


About the Author

Patrick Burnson, Executive Editor
Patrick Burnson is executive editor for Logistics Management and Supply Chain Management Review magazines and web sites. Patrick is a widely-published writer and editor who has spent most of his career covering international trade, global logistics, and supply chain management. He lives and works in San Francisco, providing readers with a Pacific Rim perspective on industry trends and forecasts. You can reach him directly at pburnson@peerlessmedia.com.

Subscribe to Logistics Management Magazine!

Subscribe today. It's FREE!
Get timely insider information that you can use to better manage your entire logistics operation.
Start your FREE subscription today!

Latest Whitepaper
Refining TMS Integration Outside the Four Walls of the Warehouse
How shippers can use a modern transportation management system (TMS) to successfully integrate across the supply chain ecosystem and create a truly digital network.
Download Today!
From the October 2017 Logistics Management Magazine Issue
A leading distributor of professional salon products in the U.S. forms unique partnerships with its key LTLs to lower transport costs, reduce its carbon footprint and improve service to its 565 store locations.
Q4 2017 Rail/Intermodal Roundtable: Improvements apparent; work remains
LM Viewpoint: Collaboration, Now more than ever
View More From this Issue
Subscribe to Our Email Newsletter
Sign up today to receive our FREE, weekly email newsletter!
EDITORS' PICKS
SalonCentric: One Beautiful Network
A leading distributor of professional salon products in the U.S. forms unique partnerships with its...
26th Annual Study of Logistics and Transportation Trends: Transportation at Digital Speed
While a majority of companies strongly agree that transportation is a strategically important...

34th Annual Quest for Quality Awards: Winners Revealed
Which carriers, third-party logistics providers, and North American ports have crossed the service...
2017 Salary Survey: Fresh Voices Express Optimism
Our “33rd Annual Salary Survey” reflects more diversity entering the logistics management...