The American Trucking Assns. (ATA) has filed a reply brief in the Ninth Circuit Court of Appeals in an attempt to secure an injunction against the enforcement of the Ports of Los Angeles and Long Beach’s Concession Plans.
The trucking lobby’s brief claims that the District Court committed a reversible error by extending the motor vehicle safety exception to the Federal Aviation Administration Authorization Act rates, routes, and services preemption to the ports, contrary to the U.S. Supreme Court’s decision in Rowe v. New Hampshire Motor Transport Assn.
ATA also said the District Court was incorrect by focusing its irreparable harm analysis solely on the harm suffered by motor carriers that comply with the plans, rather than the harm on carriers that refuse to comply, and that it was in error when it said an injunction would harm the Ports’ environmental and security efforts, as those elements would not be impacted by an injunction of the Concession Plans.
