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 [email protected]

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
B2B Sellers Prefer a Unified Approach for Ecommerce
A new study from Forrester Consulting, commissioned by NetSuite, found that many midmarket, B2B sellers say their ecommerce solutions have contributed to their growth in sales, new customer acquisitions and improved customer relationships.
Download Today!
From the August 2016 Issue
A growing number of low-cost lift trucks offer new avenues for pairing equipment and applications, but less cautious buyers might find that small up-front costs come at a steep price. Selecting the proper lift truck, lift truck tips 2016, Choosing the right Lift Truck
Megatrends in ocean freight
Ocean Cargo Roundtable: What’s in store for 2017?
View More From this Issue
Subscribe to Our Email Newsletter
Sign up today to receive our FREE, weekly email newsletter!
Latest Webcast
Getting the most out of your 3PL relationship
Join Evan Armstrong, president of Armstrong & Associates, as he explains how creating a balanced portfolio of "Top 50" global and domestic partners can maximize efficiency and mitigate risk.
Register Today!
EDITORS' PICKS
2016 Quest for Quality: Winners Take the Spotlight
Which carriers, third-party logistics providers and U.S. ports have crossed the service-excellence...
Regional ports concentrate on growth and connectivity
With the Panama Canal expansion complete, ocean cargo gateways in the Caribbean are investing to...

Digital Reality Check
Just how close are we to the ideal digital supply network? Not as close as we might like to think....
Top 25 ports: West Coast continues to dominate
The Panama Canal expansion is set for late June and may soon be attracting more inbound vessel calls...