The ATA filed its final response brief Tuesday seeking summary judgment, which gives the court the ability to decide certain issues if there is no legitimate dispute as to the material facts surrounding those issues.
The association has also asked the U.S. District Court to find in its favor on the legal issue of whether the Port's Concession Agreement has a sufficient impact on motor carrier rates, routes and services to fall within the federal pre-emption provision.
On Jan. 11, the court will hear ATA's motion as well as the Port's cross motion for summary judgment. The court will make a decision shortly after. Other legal issues that need to be addressed will be taken up at a trial beginning in mid-March.
In March 2009, the U.S. Court of Appeals for the Ninth Circuit granted the ATA a preliminary injunction against the Port of Los Angeles' Concession Plan. ATA alleges that the concession plan imposes a broad range of operational requirements that create a regulatory environment very similar to state intrastate economic regulation. The association says the plan would result in far fewer trucking companies being able to service the ports, reducing competition.
This week, environmental groups announced they would sue the Port of Long Beach and the ATA, asking that an agreement the two reached to settle an ATA suit against the port should be thrown out.
To view ATA's request for summary and the final response, visit www.truckline.com.