Justice Department Opposes Port’s Truck Ban

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U.S. Department of Justice is siding with the American Trucking Associations in its lawsuit against concession plans adopted by the ports of Los Angeles and Long Beach as part of the Clean Trucks Program.

The Justice Department agreed with the ATA’s claims that the ports are trying to regulate the trucking business by requiring freight haulers to obtain “concession contracts” to access port terminals, according to a legal brief filed late Monday with the 9th Circuit Court of Appeals. The trucking industry was deregulated by the federal government in 1980.

The Justice Department claims that U.S. District Judge Christina Snyder erred in September when she ruled that the ports were exempt from federal pre-emption laws because portions of the concession agreements dealt with safety and security interests.

The federal brief said that some of the ports’ concession requirements directly regulate rates, services and routes – matters that can be handled only by the federal government.


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