ATA to Seek Summary Judgment in Clean Trucks Lawsuit

Attorneys for American Trucking Associations said that on Jan. 11 they will ask a federal judge to forego a trial in their clean trucks lawsuit against the Port of Los Angeles and instead issue a summary judgment in the trade association’s favor.

The motion for summary judgment in effect asks the judge to rule in ATA’s favor on several issues related to concession agreement provisions contained in the port’s diesel emissions plan that ATA believes are unconstitutional, according to Bob Digges, ATA vice president and deputy chief counsel.

“I think judges are somewhat loathe to grant summary judgment if they believe that it’s possible there are facts that would allow a party to prevail,” Digges told Transport Topics. “But if they gave us what we ask for, I think likely there would be no necessity for a trial.”

In a legal brief filed last month, ATA said that the concession agreement violates federal law because it allows only employees of motor carriers to perform drayage at the port.