Post by applejuice on Oct 22, 2008 21:51:06 GMT -5
NITL Joins ATA Suit Against Ports
10/22/2008
Traffic World Staff
The country's largest shipper group joined truckers this week in arguing that parts of the clean trucks program at Southern California's ports violate federal preemption standards in interstate commerce.
In a "friend of the court" brief filed with the U.S. Court of Appeals for the 9th Circuit, the
National Industrial Transportation League said the lower district court was wrong in permitting the Ports of Los Angeles and Long Beach to go forward with a truck concession licensing program.
The NITL brief supports the lawsuit filed by the American Trucking Associations, which seeks to overturn the ports' Clean Trucks Program. At issue is not the goal of reducing harmful emissions, said NITL, but the attempt to regulate trucks in contradiction of applicable federal law.
Specifically, NITL told the appellate court that the lower court improperly construed the motor vehicle safety exemption to encompass port security.
If the ports are permitted to go ahead with their regulation, it would create, "…a patchwork of inconsistent state regulations which would further undermine uniformity" as set forth under U.S. shipping statutes, said NITL.
10/22/2008
Traffic World Staff
The country's largest shipper group joined truckers this week in arguing that parts of the clean trucks program at Southern California's ports violate federal preemption standards in interstate commerce.
In a "friend of the court" brief filed with the U.S. Court of Appeals for the 9th Circuit, the
National Industrial Transportation League said the lower district court was wrong in permitting the Ports of Los Angeles and Long Beach to go forward with a truck concession licensing program.
The NITL brief supports the lawsuit filed by the American Trucking Associations, which seeks to overturn the ports' Clean Trucks Program. At issue is not the goal of reducing harmful emissions, said NITL, but the attempt to regulate trucks in contradiction of applicable federal law.
Specifically, NITL told the appellate court that the lower court improperly construed the motor vehicle safety exemption to encompass port security.
If the ports are permitted to go ahead with their regulation, it would create, "…a patchwork of inconsistent state regulations which would further undermine uniformity" as set forth under U.S. shipping statutes, said NITL.