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 - LM Editorial

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

Panjiva, an online search engine with detailed information on global suppliers and manufacturers, recently said it is opening up the “vault,” so to speak. The vault in this case is making its copious amount of trade data accessible through an Application Programming Interface (API), which enables customers to extract Panjiva’s trade data into their own database.

Freight transportation and logistics services provider Averitt Express recently announced it has rolled out improved transit times for less-than-truckload (LTL) service from the Midwest to Toronto and other cities.

Data issued by the National Retail Federation lowered its 2014 retail sales forecast, due to a slow first six months of the year (and largely negatively influenced by the terrible winter weather), but noted that retail sales are expected to be strong over the next five months to finish the year.

Anne Ferro, a ferocious advocate for greater truck safety and a constant thorn to truck drivers and some unsafe trucking fleets, says she is leaving as administrator of the Federal Motor Carrier Safety Administration. No successor has been immediately named.

Data issued by the National Retail Federation lowered its 2014 retail sales forecast, due to a slow first six months of the year (and largely negatively influenced by the terrible winter weather), but noted that retail sales are expected to be strong over the next five months to finish the year.

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 2013 Peerless Media LLC, a division of EH Publishing, Inc • 111 Speen Street, Ste 200, Framingham, MA 01701 USA