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American Trucking Ass'n, Inc. v. Los Angeles

ELR Citation: 38 ELR 20238
Nos. No. 08-04920, (C.D. Cal., 09/09/2008)

A district court denied the trucking industry's motion to preliminarily enjoin two California ports from implementing "concession agreements" designed, among other things, to reduce diesel emissions from trucks servicing container facilities at the ports. The trucking industry argued that the Federal Aviation Administration Authorization (FAAA) Act preempted the concession agreements. The agreements, however, likely fall under the safety exception to the FAAA Act. Because the agreements may therefore be saved from preemption, the trucking industry failed to show a substantial likelihood of success on the merits. Furthermore, the industry has not demonstrated that failure to grant the injunction will result in irreparable injury. And the balance of hardships and the public interest tip decidedly in favor of denying the injunction.