Case Study: American Trucking V. LA

Law360, New York (October 4, 2011, 12:44 PM EDT) -- Developers seeking entitlement for light industrial distribution facilities are increasingly faced with demands by citizen activists and the South Coast Air Quality Management District to adopt a range of measures designed to squeeze older diesel trucks off the road. Many of the demands focus on measures adopted by the Port of Los Angeles under its Clean Trucks Program.

On Sept. 26, 2011, the Ninth Circuit Court of Appeals struck down one such provision, holding that it is preempted by the Federal Aviation Administration Authorization Act....
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