Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

U.S. Court of Appeals Rules in Favor of ATA in Lawsuit Against Ports

The U.S. Court of Appeals for the Ninth Circuit ruled in favor of the American Trucking Associations Friday in its lawsuit seeking an injunction against the Ports of Los Angeles and Long Beach Concession Plans

by Staff
March 22, 2009
U.S. Court of Appeals Rules in Favor of ATA in Lawsuit Against Ports

Trucks entering the Port of Los Angeles.

3 min to read


The U.S. Court of Appeals for the Ninth Circuit ruled in favor of the American Trucking Associations Friday in its lawsuit seeking an injunction against the Ports of Los Angeles and Long Beach Concession Plans.

Ad Loading...



The three-judge panel ruled unanimously to remand the case to the U.S. District Court and indicated that the judge should grant the ATA an injunction against all or part of the Concession Plans, according to the association.

"In short, motor carriers should not be required to adhere to the various unconstitutional provisions in the Ports' (concession) agreements, and are likely to suffer irrevocably if forced to do that or give up their businesses," the court's opinion said.

ATA had not challenged the ports' Clean Truck Program, which bans older trucks and uses a container fee to subsidize the purchase of newer, cleaner trucks.

"We are extremely pleased with the decision," says Robert Digges Jr., ATA Vice President and Chief Counsel. "The judges understood that most of the elements of the Plans are not about safety, but rather are a regulatory effort by the Ports to create what they believe would be a more efficient drayage system."

As of Oct. 1, 2008, any motor carrier out of compliance with a Port's Concession agreement had been barred from entering that Port, a situation that caused motor carriers to suffer both short and long-term capital losses and injuries to business goodwill, ATA alleged.

The Court of Appeal's instructions to the District Court made clear that many elements of the Concession Plans must be enjoined, but leaves it to the District Court as to whether the entire Concession Plans should be halted, according to ATA.

The Court of Appeals indicated one aspect that must be enjoined is the Port of Los Angeles' ban on owner-operators. "That requirement is dead," said Curtis Whalen, executive director of the Intermodal Motor Carrier Conference of the ATA. The Port of Long Beach Concession Plan did not ban owner-operators.

The Court of Appeals decision said it would not entertain any petition for rehearing, although the Ports could appeal to the Supreme Court.

"Our Clean Truck Program is reducing toxic port truck pollution at an accelerated pace, and today's ruling by the Ninth Circuit Court of Appeals does not challenge the truck ban schedule or truck fees that are helping us successfully battle this health crisis," said Los Angeles Mayor Antonio Villaraigosa in a statement "We are committed to fighting this case because our Clean Truck Program is the most sustainable plan for ensuring a clean, safe and secure trucking system for the long-haul at the Port of Los Angeles."

The Coalition for Clean and Safe Ports, a group of 40 public health environmental, community, labor and faith-based organizations, issued a statement expressing outrage at the decision, and anger at the ATA for fighting the plans. "This is more dirty tricks from a shameless industry that has bullied its way around our backyard for too long," said Alicia Carrera, a Long Beach mother of three asthmatic children, in the coalition's statement.

"This decision places in jeopardy the clean-air goals at the ports, as well as every port infrastructure expansion project that relies on clean trucks," said attorney David Pettit of the Natural Resources Defense Council, which successfully sued the Port of Los Angeles in 2001 alongside community groups, forcing the harbor commissions of the San Pedro Bay to get serious about clean-up. "We are going to vigorously fight to protect these truck plans in court."

More Fleet Management

People looking at Wabash display at TMC
Fleet Managementby News/Media ReleaseMarch 23, 2026

Wabash Teams Physical Security With Digital Tech For Better Cargo Visibility

The patent-pending cargo solution integrates a digitally connected cargo door and an intelligent locking system with the TrailerHawk.AI technology platform.

Read More →
Cyberstop column header depicting images related to cybersecurity and rising oil prices
Fleet Managementby Ben WilkensMarch 20, 2026

From Diesel Prices to Cyberattacks: How the Iran War Is Affecting Trucking

The impact of the Iran conflict extends beyond fuel costs, bringing more fraud and cybersecurity risks to the trucking industry.

Read More →
ATA President Chris Spear.
Fleet Managementby Jack RobertsMarch 17, 2026

ATA’s Spear Warns Fuel Prices, Trade Policy, and Global Conflict Could Stall Trucking Recovery

Speaking at the TMC Annual Meeting in Nashville, ATA President Chris Spear said trucking faces mounting pressure from rising fuel prices, geopolitical instability, and uncertainty around trade policy.

Read More →
Ad Loading...
Illustration of author headshot with black-and-white old-fashioned rig in the background

New Entrants, Chameleon Carriers, and Safety: Is It Too Easy to Start a Trucking Company?

More than 100,000 new trucking companies enter the industry each year, but regulators manage to audit only a fraction of them. That churn creates opportunities for inexperienced startups — and for “chameleon carriers” that shut down after safety violations and reappear under new identities. Read more from Deborah Lockridge in this commentary.

Read More →
Panel discussion
Fleet Managementby Deborah LockridgeMarch 12, 2026

Fleet Managers Invited to Apply for Exclusive HDT Exchange Event

HDTX is an intimate event that connects heavy-duty trucking fleet managers with industry suppliers through small-group discussions, educational sessions, and structured one-on-one meetings.

Read More →
DAT iPhone Widget.
Fleet Managementby News/Media ReleaseMarch 12, 2026

DAT Launches iPhone Widget to Help Owner-Operators Find Loads Faster

New DAT One feature shows top-paying loads directly on an iPhone’s home screen, helping carriers react faster to spot-market opportunities.

Read More →
Ad Loading...
Optimal Dynamics Scale screen shot
Fleet Managementby News/Media ReleaseMarch 12, 2026

Optimal Dynamics Launches AI System to Help Carriers Choose Better Freight

Optimal Dynamics says its new Scale platform uses AI agents and optimization to help carriers find and secure freight that improves network balance and profitability.

Read More →
DAT March 2026 trucking conditions.
Fleet Managementby Jack RobertsMarch 12, 2026

DAT: Flatbed Demand Climbs as Van and Reefer Rates Soften

DAT Freight & Analytics data shows tightening flatbed capacity, easing produce markets, and softening van and reefer rates.

Read More →
YouTube thumbnail with Mike Roeth of NACFE saying "NACFE's Messy Middle: Which Fuel Wins?"
Fuel Smartsby Deborah LockridgeMarch 11, 2026

Run on Less “Messy Middle” Data Shows Multiple Paths Forward for Truck Powertrains [Watch]

NACFE's Run on Less - Messy Middle project demonstrates the power of data in helping to guide the future of alternative fuels and powertrains for heavy-duty trucks.

Read More →
Ad Loading...
Illustration of crowded New York street overlaid with dollar signs
Fleet Managementby Deborah LockridgeMarch 11, 2026

Federal Court Lets NYC Congestion Pricing Continue

A federal court ruling allows New York City’s congestion pricing program to continue, leaving truck tolls in place for fleets delivering into Manhattan.

Read More →