The 9th Circuit Court of Appeals rejected the ATA's request for injunctions against eight concession agreements that were part of the Port's Clean Truck Program. In April 2009, the ATA won an injunction against the Port's ban on owner-operators, which Boyce says was the big victory for ATA.
The recent action was an appeal to throw out the remaining nine concessions. "We challenged everything that didn't have to do with clean air," Boyce said. The Circuit Court of Appeals ruled to keep all but one concession, which required all trucks serving the Port to have a placard identifying the truck with a telephone number.
"It's pretty much status quo," Boyce said. The only that changed with Wednesday's ruling is the court striking down the placard requirement. The other eight points, he said, were relatively minor.
Los Angeles Mayor Antonio Villaraigosa issued statement in response to the ruling: "The 9th Circuit Court of Appeals ruling to allow concession agreements to continue at the Port of Los Angeles is good news for all of us who live and work in Southern California," he said. "The concession agreement with hundreds of trucking companies has helped put more than 6,000 clean trucks on the roads around the Port, reducing port truck emissions by at least 70 percent. We are hopeful that the trial court will uphold the full concession agreement to provide full accountability and sustainability of the Clean Truck Program in the future."
But the legal fight is not over. The Los Angeles District Court heard arguments from both the Port of Angeles and the ATA Thursday, the final step before the case goes to trial next month. The court heard two motions-one from the ATA asking for a new injunction to ban all of the Port's concessions, and one from the Port asking the court to dismiss the case.