AMERICAN TRUCKING ASSOCIATIONS, INC., Plaintiff-Appellant,
v.
THE CITY OF LOS ANGELES; THE HARBOR DEPARTMENT OF THE CITY OF LOS ANGELES; THE BOARD OF HARBOR COMMISSIONERS OF THE CITY OF ANGELES, Defendants-Appellees,
NATURAL RESOURCES DEFENSE COUNCIL; SIERRA CLUB; COALITION FOR CLEAN AIR, INC., Defendants-intervenors-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 10, 2011—Pasadena, California.
Melissa Lin Perrella (argued) and David Richard Pettit , Natural Resources Defense Council, Inc., Santa Monica, California, for defendants-intervenors-appellees The National Resources Defense Council, Sierra Club, and Coalition for Clean Air, Inc.
Anthony T. Caso , Law Office of Anthony T. Caso, Orange, California; John C. Eastman , The Claremont Institute Center for Constitutional Jurisprudence, Orange, California, for amicus-curiae The Center for Constitutional Jurisprudence and Harbor Trucking Association.
Kamala Harris and Susan Lea Durbin , Office of the California Attorney General, Sacramento, California, for amicus curiae the State of California.
John R. Bagileo , Law Office of John R. Bagileo, Glenwood, Maryland; Mark Irving Labaton , Motley Rice LLP, Los Angeles, California, for amicus curiae the Intermodal Association of North America, Inc.
William L. Messenger , National Right to Work Legal Defense Foundation, Springfield, Virginia, for amicus curiae Raymond Porras, Pilar Orellana, and the National Right to Work Legal Defense Foundation.
Paul D. Cullen, Jr. , The Cullen Law Firm, PLLC, Washington, D.C., for amicus curiae The Owner-Operator Independent Drivers Association, Inc.
Before: Betty B. Fletcher and N. Randy Smith, Circuit Judges, and Rudi M. Brewster, District Court Judge. Opinion by Judge B. Fletcher; Dissent by Judge N. R. Smith
United States Court of Appeals, Ninth Circuit.
OPINION
B. FLETCHER, Circuit Judge.
Beginning in 2008, the Port of Los Angeles (POLA, or the Port) prohibited motor carriers from operating drayage trucks1 on Port property unless the motor carriers entered into "concession agreements" with the Port. The concession agreements set forth fourteen specific requirements covering, among other things, truck driver employment, truck maintenance, parking, and Port security. The agreements...
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