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Federal Maritime Comm'n v. Los Angeles, City of

ELR Citation: 39 ELR 20093
Nos. No. 08-1895, (D.D.C., 04/15/2009)

A district court denied the Federal Maritime Commission's (FMC's) motion to preliminarily enjoin portions of the Port of Los Angeles' and the Port of Long Beach's clean truck programs, which are aimed at reducing the air pollution caused by the trucks used to transport cargo to and from the ports. The FMC argued that an agreement between the ports to discuss and potentially coordinate their clean truck programs violates §6(g) of the Shipping Act of 1984 because it is likely to cause a reduction in competition and, therefore, an increase in transportation costs and a decrease in transportation service. But the FMC failed to show that it is likely to establish the requisite reduction in competition required under §6(g). The FMC has also failed to make a sufficient showing on irreparable harm. And the balance of equities and the public interest weigh in favor of denying the FMC's motion for a preliminary injunction.