ATA appeal denied by Ninth Circuit Court

After getting shot down by the courts last week, the ATA (American Trucking Association) requested an emergency injunction against LA/Long Beach’s Clean Truck Program and appealed to the Ninth Circuit Court. Today the Ninth Circuit Court rejected the ATA’s appeal:

The court found that ATA “failed to establish that it will be irreparably injured absent an injunction, or that the public interest lies in favor of granting an injunction.” The Port of Long Beach said the ruling by the Court of Appeals “removes that last potential legal impediment to the Clean Truck Program commencing on schedule.”

This effectively kills the ATA’s opposition to the Southern California ports’ respective Clean Truck Programs. I checked the ATA website but no word yet on the court’s decision or what their next step might be, if any. The only thing standing in the way now is the FMC, who have requested further information and documentation for review. I suspect a lot of truckers who have been waiting on the sidelines pending the ATA lawsuit will now rush to apply for concessions with the port or risk being shut out after the October 1st implementation date. Unless the FMC derails the whole process, the ports’ success against the ATA lawsuit will only embolden other ports to implement similar programs in the future. Is Oakland next?