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 Patrick Burnson, Executive Editor
December 13, 2010 - LM Editorial

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

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

Hackett observed in the new report that China’s economy has lost steam, with actual growth falling short of targeted rates, while the United States most recent second quarter GDP reading at 3.7 percent outpaced expected targets, even though it was negatively impacted by gains in manufacturing and retail inventories.

The proposed merger of Cosco and CSCL could spark further container consolidation

The average price dropped 4.7 cents to $2.514 per gallon, which now stands at the lowest weekly average price for diesel since July 2009, when it was at $2.542 the week of July 27, 2009, according to EIA data.

The Department of Transportation’s Bureau of Transportation Statistics (BTS) reported this week that U.S. trade with its North America Free Trade Agreement partners Canada and Mexico in June dropped 3.8 percent annually to $99.0 billion. This followed a 10.8 percent decline in May to $92.7 billion.

As the calendar turns to September and we approach 2015’s final third, there are, as usual, many things that require our attention from a freight transportation, logistics, and supply chain perspective.

About the Author

Patrick Burnson, Executive Editor
Patrick Burnson is executive editor for Logistics Management and Supply Chain Management Review. Patrick covers 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. Contact Patrick Burnson

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