The ports of Los Angeles and Long Beach (ports) filed their opposition, in the U.S. District Court in Los Angeles, in response to the preliminary injunction motion from the American Trucking Associations (ATA) that seeks to stop the ports’ Clean Truck Program concession requirement.

The ports’ response demonstrates that the ATA's requested injunction is without legal basis for three reasons:

First, the statute that the ATA relies upon does not apply to the special tidelands property on which the ports are located. The U.S. Supreme Court has previously decided that the tidelands were granted to California directly under the U.S. Constitution and subsequently granted to the Cities. Therefore, absent explicit Congressional intent -- which is not present in the federal statute relied upon by the ATA – a federal statute will not interfere with the ports’ rights to manage and control these sovereign lands as they see fit.

Second, the statute does not apply to actions taken by the ports as landholders and as "commercial enterprises … in the business of providing world-class port facilities and services.” The ports rely on many U.S. Supreme Court and Ninth Circuit cases which recognize that the "Market Participant Doctrine" allows programs such as the Clean Truck Program concession requirement.

Third, the statute clearly does not apply to port actions directed to the safety and security of the ports, which are also among the major goals of the Clean Truck Program concession requirement.

The ports’ opposition also emphasizes that the ATA's alleged injuries are merely financial in nature and, therefore cannot justify the extraordinary action of the preliminary injunction it seeks. Furthermore, these claimed financial injuries are more than outweighed by the public health and security interests of those who work at the ports and who live near the ports.

Port of Los Angeles Executive Director Dr. Geraldine Knatz testified, "I believe that a substantial delay in the implementation of the Clean Truck Program will have dire consequences for the air quality in the area in and around the Port, for the people who work at the Port or live nearby or near the transportation corridors used by trucks serving the Port, and for the future of the Port as an enterprise."