American Trucking v. the City of Los Angeles
Opinion
Opinion
I. BACKGROUND
This litigation has been ongoing since July 28, 2008, when ATA filed its complaint against all defendants. ATA contends that certain mandatory concession agreements between the Port of Los Angeles (“POLA”)1 and motor carriers impose requirements on the truckers, and the execution of those agreements is required for any trucker to enter the Port prem- ises. ATA asserts that provisions of the concession agree- ments are preempted by the Federal Aviation Administration Authorization Act of 1994 (“FAAA Act”),2 and that the con- cession agreements unduly burden motor carriers’ ability to engage in interstate commerce. The defendants, POLA, claim that these provisions qualify under the motor vehicle safety exception to the FAAA Act.
To put the present stage of this litigation and this appeal in 1 We shall refer to the City of Los Angeles defendants as the Port of Los Angeles (“POLA”) encompassing the City of Los Angeles and its agency responsible for the operation of the Port. 2 49 U.S.C. § 14501(c). 3 49 U.S.C. § 14501(c)(2)(A). 2920 AMERICAN TRUCKING v. LOS ANGELES context, we refer to prior proceedings in the district court and in this court.