Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

California Court Closes Book on LA Port Litigation

After five years, the fight over the Port of Los Angeles’s concession plan has come to an end. Last Thursday the U.S. District Court for the Central District of California issued a permanent injunction against the three provisions of the plan that trucking interests adamantly opposed.

Oliver Patton
Oliver PattonFormer Washington Editor
Read Oliver's Posts
August 26, 2013
California Court Closes Book on LA Port Litigation

 

3 min to read


After five years, the fight over the Port of Los Angeles’s concession plan has come to an end.

Last Thursday the U.S. District Court for the Central District of California issued a permanent injunction against the three provisions of the plan that trucking interests adamantly opposed.

Ad Loading...

Judge Christina Snyder closed the book on the port’s effort to require drayage drivers to become carrier employees and on its off-street parking and placarding requirements.

These were key provisions of the 2008 concession agreement that the port instituted as part of its effort to reduce diesel emissions in and around its facilities.

ATA objected to them, winning reversal of the employment mandate in a federal appeals court, and reversal of the other two in the U.S. Supreme Court last June.

Meanwhile, the port is reporting that its Clean Trucks Program is part of a remarkable success story. It has contributed to a 79% drop in diesel particulate matter over the past seven years, the port said in a statement.

Judge Snyder’s order is pro-forma, in the sense that the legal decisions already have been made, said Curtis Whalen, executive director of the Intermodal Motor Carriers Conference of American Trucking Associations.

Ad Loading...

“So basically it’s over,” he said. “The port has announced over the last couple of weeks that they are getting together an industry group to try to figure out what they will do with their concession program, how it will be implemented and maintained.”

He said he hopes for a cooperative relationship between drayage carriers and the port.

“My trucking companies out there are more than willing and able to work with the port as they move forward,” he said.

The concession plan has worked, he said, noting the air quality improvements the port has cited. “The litigation that was enjoining all this activity in fact didn’t undercut their program at all.”

There are two possible wrinkles, Whalen said.

Ad Loading...

ATA had challenged two other provisions of the concession plan, one requiring carriers to submit financial data and another requiring them to submit maintenance and repair information.

But the port has not enforced these, so the Supreme Court said there was nothing to decide unless the port changes its approach.

“Justice Elena Kagan (who wrote the Supreme Court decision) indicated that if the port decided to enforce them they might be ripe for more litigation,” Whalen said.

And the issue continues to resound in Congress, where two New York legislators are pushing a bill that would allow states to regulate port trucking in ways similar to the LA program.

The bill by Sen. Kirsten Gillibrand, D-N.Y., and Rep. Jerrold Nadler, D-N.Y., would let a state or a local authority set up a program “reasonably related” to cleaning up pollution or easing congestion.

Ad Loading...

They said their intent is to change the law so that ports can “enact simple measures, such as the requirement that motor carriers use off-street parking, or that a truck display a placard with a phone number for the public to call regarding truck safety.”

 

More Drivers

SponsoredFebruary 1, 2026

Stop Watching Footage, Start Driving Results

6 intelligent dashcam tactics to improve safety and boost ROI

Read More →
DriversJanuary 23, 2026

What FMCSA’s New Enforcement Push Means for Fleets in 2026 [Podcast]

Listen as transportation attorney and TruckSafe Consulting President Brandon Wiseman joins the HDT Talks Trucking podcast to unpack the “regulatory turbulence” of last year and what it means for trucking fleets in 2026.

Read More →
DriversJanuary 20, 2026

How Pilot Is Using AI in Truck Maintenance

A practical look at how artificial intelligence is helping Pilot's trucking fleet move from reactive maintenance to a more proactive approach.

Read More →
Ad Loading...
SponsoredJanuary 19, 2026

3 New Ways Fleet Software Pays: ROI opportunities for modern fleet managers

Safety, uptime, and insurance costs directly impact profitability. This eBook looks at how fleet software is evolving to deliver real ROI through proactive maintenance, AI-powered video telematics, and real-time driver coaching. Learn how fleets are reducing crashes, defending claims, and using integrated data to make smarter operational decisions.

Read More →
SponsoredJanuary 19, 2026

Basic Tracking vs Next Generation Fleet Technology

Fleet software is getting more sophisticated and effective than ever, tying big data models together to transform maintenance, safety, and the value of your existing tech stack. Fleet technology upgrades are undoubtedly an investment, but updated technology can offer a much higher return. Read how upgrading your fleet technology can increase the return on your investment.

Read More →
Graphic showing smart truck parking technology with a highway sign reading “Spaces Available” and the Streetline logo.
Driversby News/Media ReleaseJanuary 16, 2026

Streetline Expands Smart Truck Parking System on West Coast

Streetline is expanding smart truck parking tools, including a new I-5 deployment in Washington and a no-upfront-cost pilot model for state DOTs.

Read More →
Ad Loading...
Truck parked at night
Driversby Deborah LockridgeJanuary 15, 2026

Third 'Jason's Law' Truck Parking Survey Under Way

The Federal Highway Administration is asking motor carriers and truck drivers to give input on where and when drivers have difficulty finding truck parking, and on how drivers prefer to get information on available parking.

Read More →
Driversby StaffJanuary 8, 2026

FMCSA Continues Focus on State Issuance of Non-Domiciled CDLs

The Federal Motor Carrier Safety Administration continues a crackdown on an increasing number of states it says have been issuing non-domiciled CDLs improperly.

Read More →
Driversby Deborah LockridgeDecember 30, 2025

Will FMCSA’s Driver-Oriented Enforcement Initiatives Affect Capacity?

The Department of Transportation and the Federal Motor Carrier Safety Administration took several actions in 2025 to tighten enforcement of regulations for commercial drivers. Will those affect trucking capacity in 2026?

Read More →
Ad Loading...
Driversby Deborah LockridgeDecember 15, 2025

Q&A: Lisa Kelly Explains Ice Road Trucking, Reality TV Editing, and Life as a Female Driver

Lisa Kelly talks to HDT about the return of the show Ice Road Truckers, what really happens on the ice roads, how reality TV shapes drivers’ stories, and the career she’s built beyond the show.

Read More →