The lower court erred in its interpretation of the safety exception of federal law when it permitted the Ports of Los Angeles and Long Beach to regulate drayage trucking, said the National Industrial Transportation League in a brief filed with the US Court of Appeals.
The US Court of Appeals for the 9th Circuit decided to allow NITL to participate as amicus curiae in support of a lawsuit filed by the American Trucking Associations seeking to overturn the ports' concession licensing program for motor carriers operating at their facilities.
Supporting views were submitted by the US Dept. of Transportation and the US Dept. of Justice. The National Association of Waterfront Employers also submitted a brief saying the US Federal Maritime Commission has jurisdiction over agreements between terminal operators and has the power to investigate and issue orders prohibiting unjust or unfair port practices and unreasonable or unjustly discriminatory practices. The Waterfront Employers' group says this is just the case with the Ports of LA and Long Beach truck concessions requirement and the FMC should have jurisdiction. If the court does not agree that FMC has jurisdiction, it should reverse the denial of the ATA request for a preliminary injunction.