A federal judge has refused to grant a preliminary injunction to stop the ports of Los Angeles and Long Beach from implementing the concessions requirements of their clean air plans,
but says she made the preliminary decision primarily on a security issue.

In late July, the American Trucking Associations, with its Intermodal Motor Carriers Conference, filed suit in the U.S. District Court in California challenging the port "concession Plans" as approved by the Cities of Los Angeles and Long Beach and their harbor commissions.

According to published reports. U.S. District Court Judge Christina Snyder, following a brief hearing Monday, said the concession requirements would give the ports a way to keep weapons of mass destruction out of the harbor.

While the two ports' plans differ somewhat, both will limit access to the ports to only those trucking companies that have entered into concession contracts approved by the port program administrator. The ports will now be able to hold those companies accountable for maintaining trucks and employing properly credentialed drivers. That, in turn, will ensure a sufficient supply of drivers, improve truck safety and maintenance while lowering emissions, enhance port security and reduce the negative impacts that drayage services have on communities near the port, according to port officials.

The Journal of Commerce reports that Snyder "questioned the main arguments that the ports and environmental groups made in favor of the concession agreements. Snyder indicated that the argument that the ports are market participants and must therefore require concessions in order to protect their financial interests is doubtful."

And, JOC reports, she indicated "there may be merit" to ATA's argument that the ports are violating federal regulations prohibiting state and local governments from making laws that interfere with interstate commerce.

The judge will review the case before issuing her final ruling by Thursday.