CDTOA Lawsuit

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Posted by Aaron on February 07, 2012 at 15:39:56

Here is the report from CDTOA about the lawsuit, as you can see some liberal judge blew it off, but in talking with Lee Brown and as you cab see here they are going the next step.



Sent: Wednesday, February 1, 2012 11:17 PM
Subject: FW: Prelim Injunction Denial

Judge England appears to have done a 180 and moved away from the safety exception contortions and now sides second but more abstract opinion stating that, “The ARB and the NRDC have the better argument, and, for purposes of the instant Motion, the CDTOA has not convinced this Court that the effect of the Regulation on its members’ prices, services or routes is anything other than “tenuous” or “remote” or that the rule somehow “binds” carriers “to a particular price, route or service” thereby interfering with competitive market forces.

That’s right, the judge believes that the costs of a new DPF ($16,000) Engine ($50,000) or Truck ($145,000) has only a “remote and tenuous” effect on a motor carriers prices, and services - meaning no real effect, nothing at all. For businesses and especially small businesses, many whom are owned and operated by new Americans – we will tell them all that the regulations have no effect on them!

We suspect that our main lawsuit from last February, the summary judgment hearings outcome will be similar. Personally I smell ex parte, NRDC noise within this decision. Time to move on to the 9th and then to the Supremes, the only place we are likely to get a fair hearing.

A small set-back but a better opportunity to work the social injustice, rent-seeking truth (engine and truck manufactures) behind this scam of a regulation!

All I can say is, the Californians for Safe and Competitive Dump Truck Transportation (CSCDTT) v. Mendonca (“Mendonca”), 152 F.3d 1184, 1186 (9th Cir. 1998) case was not helpful.

Let’s move to round 2 ASAP.


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