Judge's Ruling in FMC Lawsuit Has No Effect on ATA Lawsuit Against Ports

ARLINGTON, Va., April 17 /PRNewswire-USNewswire/ -- ATA Vice President of Public Affairs issued the following advisory in response to reporters' questions about the Federal Maritime Commission (FMC) lawsuit against the Ports of Los Angeles and Long Beach:

A judge's denial on Wednesday of an injunction in the case of FMC vs. City of Los Angeles et al has absolutely no effect on the American Trucking Associations' lawsuit against the Port of Los Angeles and Long Beach Concession Plans.

The Natural Resources Defense Council (NRDC) and other union supporters are using the FMC decision to continue to mislead the public by falsely saying ATA opposes the Clean Truck Program.

The FMC lawsuit will have no effect on the ATA's lawsuit because:
-- FMC's lawsuit seeks an injunction against the Clean Truck Program and
Concession Plans.
-- ATA's lawsuit is only against the separate Concession Plan
requirements. ATA supports the Clean Truck Program. ATA was not a
party to the FMC case and actually petitioned FMC, successfully, to
drop their demand that the ports stop collecting the Clean Truck
Program container fee. ATA supports collection of the container fee,
which assists drivers and companies in buying cleaner trucks.
-- The two lawsuits are based on different law. FMC's is based on the
Shipping Act. ATA's is based on the FAAA Act and on the Commerce
Clause of the Constitution.
-- FMC argued that competition would be reduced because the Ports of Los
Angeles and Long Beach cooperated together to create the Clean Truck
Program.

-- ATA argued that the industry would be harmed and competition would be
reduced because the Port of Los Angeles bans independent owner
operators and because both ports have many irrelevant, cost-raising
requirements that will do nothing to clean the air, and that the
Concession Plans are an illegal and unconstitutional intrusion into
interstate transportation and commerce.

The ban on independent owner operators was instituted by the Mayor of Los Angeles at the request of Teamsters President James Hoffa and is intended to allow the Teamsters to enlist port drivers into the union.

Even as the NRDC and other union supporters mislead the public by falsely saying ATA opposes the Clean Truck Program, they have yet to explain why they continue to support efforts that do nothing to clean the air, but trample the rights of thousands of citizens, outlaw small businesses and eliminate an entire profession during the worst recession in decades.

Source: American Trucking Associations

CONTACT: Clayton Boyce of American Trucking Associations,
+1-703-408-3716, 703-838-7902

Web Site: http://www.truckline.com/

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Profile: labor-news