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American Trucking Associations, Inc. v. City of Los Angeles

Docket No.11-798
Op. Below9th Cir.
ArgumentApr 16, 2013

Holding

The Federal Aviation Administration Authorization Act of 1994 (FAAAA) expressly preempts provisions in concession agreements between the port and short-haul trucking companies that require trucks moving cargo in and out of the port to affix placards bearing a phone number to receive complaints to each truck and to submit a plan for off-street parking for the trucks.

Judgment

Reversed in part and remanded, 9-0, in an opinion by Elena Kagan on Jun 13, 2013. Justice Thomas filed a concurring opinion.

Holding: The Federal Aviation Administration Authorization Act of 1994 (FAAAA) expressly preempts provisions in concession agreements between the port and short-haul trucking companies that require trucks moving cargo in and out of the port to affix placards bearing a phone number to receive complaints to each truck and to submit a plan for off-street parking for the trucks.

Judgment:”Reversed in part and remanded, 9-0, in an opinion by Justice Kagan on June 13, 2013. Justice Thomas filed a concurring opinion.

Proceedings & orders timeline

Dec 22, 2011
Petition for a writ of certiorari filed. (Response due January 23, 2012)
Jan 4, 2012
Order extending time to file response to petition to and including February 21, 2012, for all respondents.
Jan 23, 2012
Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed.
Jan 23, 2012
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jan 23, 2012
Brief amicus curiae of Owner-Operator Independent Drivers Association, Inc. filed.
Jan 23, 2012
Brief amicus curiae of Airlines for America filed.
Feb 21, 2012
Brief of respondents National Resources Defense Council, et al. in opposition filed.
Feb 21, 2012
Brief of respondents City of Los Angeles, California, et al. in opposition filed.
Mar 2, 2012
Reply of petitioner American Trucking Associations, Inc. filed.
Mar 7, 2012
DISTRIBUTED for Conference of March 23, 2012.
Mar 26, 2012
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Nov 30, 2012
Brief amicus curiae of United States filed.
Dec 10, 2012
Supplemental brief of petitioner American Trucking Associations, Inc. filed.
Dec 12, 2012
DISTRIBUTED for Conference of January 4, 2013.
Jan 7, 2013
DISTRIBUTED for Conference of January 11, 2013.
Jan 11, 2013
Petition GRANTED limited to Questions 1 and 3 presented by the petition.
Feb 11, 2013
SET FOR ARGUMENT ON Tuesday, April 16, 2013
Feb 15, 2013
Brief of petitioner American Trucking Associations, Inc. filed.
Feb 15, 2013
Joint appendix filed. (Statement of costs filed.)
Feb 22, 2013
Brief amicus curiae of the United States supporting reversal filed.
Feb 22, 2013
Brief amici curiae of Owner-Operator Independent Drivers Association, Inc. filed.
Feb 22, 2013
Brief amicus curiae of Airlines for America filed.
Feb 22, 2013
Brief amicus curiae of California Construction Trucking Association filed.
Feb 22, 2013
Brief amicus curiae of Center for Constitutional Jurisprudence and Harbor Trucking Association filed.
Feb 22, 2013
Brief amici curiae of Chamber of Commerce of the United States of America. filed.
Feb 25, 2013
Record from U.S.C.A. for 9th Circuit is electronic.
Feb 25, 2013
Record from U.S.D.C. for Central District of California is electronic..
Mar 1, 2013
CIRCULATED.
Mar 18, 2013
Brief of respondents City of Los Angeles, California, et al. filed. (Distributed)
Mar 18, 2013
Brief of respondents National Resources Defense Council, et al. (Distributed) filed.
Mar 25, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 25, 2013
Brief amicus curiae of Los Angleles Chamber of Commerce filed. (Distributed)
Mar 25, 2013
Brief amici curiae of National Organization of Counties, et al. filed.
Mar 25, 2013
Brief amicus curiae of Airports Council International - North America filed.
Mar 25, 2013
Brief amici curiae of California and Washington filed. (Distributed)
Apr 1, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 5, 2013
Reply of petitioner American Trucking Associations, Inc. filed. (Distributed).
Apr 16, 2013
Argued. For petitioner: Daniel N. Lerman, Washington, D. C.; and John F. Bash, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) Steve Rosenthal for the respondents.
Jun 13, 2013
Adjudged to be REVERSED IN PART and case REMANDED. Kagan, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion.
Jul 15, 2013
JUDGMENT ISSUED.

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