From LM:
LONG BEACH—In hearings staged late last week, the U.S. Court of Appeals for the Ninth Circuit unanimously held that the California lower court erred in refusing to enjoin the truck concession programs instituted by the Ports of Los Angeles and Long Beach.
The crux of the argument is that these changes would economic regulation and result in harm to the trucking industry. One major problem is that the two ports would start having different rules regarding labor.
The Clean Truck Program is designed to encourage rapid improvement of air quality at both ports through use of grants and financial incentives that will allow trucking companies to accelerate the replacement of older, high-polluting trucks with newer, cleaner trucks. While the Port of Los Angeles has been mandating that drivers not be drawn from an owner-operator pool, Long Beach allows terminal access to trucking companies that employ drivers, independent operators or companies that use a combination of employees and independent operators.
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