Port responds to trucking group’s petition to overturn parts of Clean Trucks Program

The Port of Los Angeles on Tuesday filed a response to the American Trucking Associations’ petition asking the U.S. Supreme Court to overturn several minor aspects of the Clean Trucks Program.

In a 49-page brief, city lawyers focused on a 2-1 ruling handed down in September by the U.S. Ninth Circuit Court of Appeals, which upheld the program’s off-street parking limits, maintenance and security provisions, and a mandate that freight haulers show financial ability to do business at the port.

In December, the ATA asked the U.S. Supreme Court to consider the legality of those provisions in an attempt to completely overturn the port’s concession requirements. The case could be heard by fall if it’s taken up by the nation’s highest court.

The case will not deal with the controversial employee mandate portion of the Clean Trucks Program, which would have barred independent owner-operator drivers from entering Los Angeles Harbor.

City and port officials opted not to appeal to the Supreme Court after the controversial employee provision was tossed out by the Ninth Circuit Court of Appeals.

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