Updated: Split Decision in ‘Clean Trucks’ Suit

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A federal judge ruled on Monday that the ports can’t require the use of employee drivers or charge registration fees to work at the ports pending a trial on the matter.

However, the judge upheld the ports demand that trucking companies sign concession agreements under the Clean Truck Program.

The rulings came when U.S. District Court Judge Christina A. Snyder granted a preliminary injunction requested by the American Trucking Association in a lawsuit against the ports of Los Angeles and Long Beach over requirements in the concession agreements. The suit is expected to go to trial within a year.

The Ninth Circuit Court of Appeals last month reversed Snyder’s earlier rejection of the preliminary injunction. The Ninth Circuit ruled in favor of the ATA’s argument that much of the concession agreements violated federal law regarding commerce.

Snyder’s Monday ruling was a mixed bag for both the ATA and the ports. Seven provisions of the concession agreements were blocked, but eight others were allowed to stand.

The ATA wanted the entire concession agreement thrown out but Snyder refused. She upheld requirements for vehicle maintenance programs and compliance with the federal Transportation Worker Identification Credential program.

Snyder’s ruling on the preliminary injunction is tentative, and she is expected to issue a final ruling by the end of the week after considering oral arguments from both sides in court Monday.

Port officials have said they will argue to keep as much of the plan intact when the case goes to trial.

“We are pleased with the decision,” said Curtis Whalen, Executive Director of the Intermodal Motor Carrier Conference of the American Trucking Association, in a statement. “ATA looks forward to Judge Snyder’s final decision late in the week.”

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