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American Trucking Ass'ns v Los Angeles, City of

ELR Citation: 40 ELR 20240
Nos. No. 08-4920, (C.D. Cal., 08/26/2010) Final order

A district court upheld a "Clean Air Action Plan" adopted by a California port designed, among other things, to reduce emissions related to port operations, including emissions from heavily polluting trucks. A trucking association argued that the program was preempted by the Federal Aviation Administration Authorization Act, but the court disagreed. The concession agreement implementing the plan contained five provisions concerning employee drivers, off-street parking, maintenance, placards, and financial capability. The employee driver and off-street parking provisions are related to motor carriers' price, route, or service, and thus fall under the FAAA Act, but the maintenance, placard, and financial capability provisions do not. And while the maintenance and placard provisions fall under the safety exception to the FAAA Act, the employee driver, off-street parking, and financial capability provisions do not. Nevertheless, all the provisions fall within the ambit of the market participant exception to the FAAA Act. The port's adoption of the program as a whole is an "essentially proprietary" action because the port took the action in order to sustain and promote port operations. In addition, the provisions do not constitute an undue burden on interstate commerce.

[A prior decision in this litigation can be found at 39 ELR 20074 and 38 ELR 20238.]