The U.S. Supreme Court should let stand an appeals court decision giving the Port of Los Angeles the right to impose requirements on motor carriers that want to operate at the port, the U.S. Solicitor General said in a legal brief.
In a filing with the high court, the solicitor general argued on the side of American Trucking Associations that the 9th U.S. Circuit Court of Appeals erroneously held that the Port of Los Angeles had a right to enforce several provisions in its concession agreement with drayage operations, including off-street parking and placard requirements.
However, the nation’s top civil attorney said the high court should deny ATA’s writ of certiorari.
“This case does not warrant further review,” the Solicitor General said. “Although the Ninth Circuit erred in its application [of the law], its decision does not conflict with the decision of any other circuit.”
ATA filed its request for the Supreme Court review on Dec. 22, arguing that the federal preemption clause gives the federal government rather than local or state governments the authority to regulate interstate trucking.