Port of L.A. Barred from Limiting Types of Truckers By Virtue of A Court Injunction

On 30.10.10, In Legal Industry, by Blake

10/30/2010

A temporary injunction was granted this week baring the Port of Los Angeles from limiting the types of truckers that will be allowed to haul goods into its terminals.

U.S. District Judge Christina Snyder cited the potentiality of “irreparable harm” when the court issued the order that effectively blocks the port from implementing an employee directive on freight haulers as part of its Clean Truck Program, at least until the U.S. Ninth District Court of Appeals takes the matter up.

The issuance of the temporary injunction was declared a victory for the American Trucking Associations, or ATA, which sought to overturn Judge Snyder’s earlier decision to permit the port to enforce all facets of the Clean Truck Program.

The executive director of the ATA’s Intermodal Motor Carriers Conference, Curtis Whalen, said that “a battle here, a battle there, but given the impact of this program, the burden falls on the trucking industry.” He also added that, “these things always take time, unfortunately,” and also said that, “I don’t expect either side to give up until the end.”

In August of this year, Judge Snyder ruled that the Port of LA is allowed to act as a proprietary agency, therefore has every right to manage its property as a landlord. Last month, she formally lifted a preliminary injunction, which allowed the Port of Los Angeles to enforce all facets of the Clean Truck Program, as well as the contentious requirement that will effectively ban independent truckers from getting goods to and from port terminals.

Source: