Subscribe to our free, weekly email newsletter!


Port of Los Angeles faces more opposition on drayage issue

In yesterday’s filing with the Harbor Trucking Association, the Intermodal Association of North America joined the National Right to World Legal Defense Foundation, the Center for Constitutional Jurisprudence and the Owner-Operator Independent Drivers Association
By Patrick Burnson, Executive Editor
January 07, 2011

Four organizations have individually filed amicus briefs in support of American Trucking Association (ATA) in its challenge to the Port of Los Angeles Concession Agreement regulations.

In yesterday’s filing with the Harbor Trucking Association, the Intermodal Association of North America joined the National Right to World Legal Defense Foundation, the Center for Constitutional Jurisprudence and the Owner-Operator Independent Drivers Association.

“The briefs support many of the arguments made by ATA in its Ninth Circuit appeal of a District Court decision that found that the port requirements, including the ban on owner-operators, are not subject to federal preemption,” said Curtis Whalen, executive director of the ATA’s Intermodal Motor Carriers Conference.

The lower court found that the challenged requirements were protected from preemption because the port was acting not as a government regulator but as a private market participant when it enacted them.

“The amicus filings championed the rights of the owner-operators who would be driven out of business by the Concession regulations,” said Whalen.

He added that they emphasized the port’s goal to “stifle competition and reshape the drayage market.”

Whalen also noted that the District Court’s application of the market participant exception would give the port free reign to interfere with virtually every aspect of the international commerce moving through it.

The port’s responding brief is due on Jan. 31, 2011 and the ATA reply brief on approximately Feb. 14.  The Court of Appeals has ordered the case calendared for oral argument as soon as possible following the close of the briefing schedule.

In an earlier interview with LM, Whalen observed that both the port and the ATA were eager to “get on with it,” and that it was in the best interest of shippers to have a swift resolution of the issue.

About the Author

image
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 .(JavaScript must be enabled to view this email address).


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!

Recent Entries

When the United States House of Representatives last week voted extend current law and authorizes surface transportation programs through the end of July by a steep margin, it was widely expected that the United States Senate and follow their lead. That is exactly what happened on Friday, May 22, with the measures headed to President Obama to be signed into law.

For the month of April, Cass and Avondale found that truckload rates in April, which measures truckload linehaul rates paid during the month, were up 3.8 percent annually, while intermodal dropped 1.9 percent annually during the same period.

Following the Pacific Maritime Association (PMA) signing off on ratifying a new five-year contract with the International Longshore & Warehouse Union (ILWU) on May 20, the ILWU followed suite on May 22, saying that 82 percent of its longshore worker members voted to ratify the tentative contract agreement between the parties that was reached on February 22.

Straying from its typical seasonal trajectory, United States-bound waterborne shipments dipped from March to April, according to data recently issued by Panjiva, an online search engine with detailed information on global suppliers and manufacturers.

One theme tied together all of the presentations, regardless of the topic: The importance of data.

Comments

Post a comment
Commenting is not available in this channel entry.


© Copyright 2015 Peerless Media LLC, a division of EH Publishing, Inc • 111 Speen Street, Ste 200, Framingham, MA 01701 USA