United States Supreme Court

In a challenge to defendant's concession agreement, which was implemented as part of the Clean Truck Program to govern the relationship between the defendant's Port and drayage companies whose short-haul companies move cargo into and out of the Port, the Ninth Circuit's judgment finding only the driver employment provision of the agreement preempted, is reversed in part and remanded, where: 1) the Federal Aviation Administration Authorization Act expressly preempts the concession agreement's placard and parking requirements because defendant's placard and parking requirements relate to a motor carrier's price, route, or service with respect to transporting property, and have the force and effect of law; but 2) this Court declines to decide in the case's present, pre-enforcement posture whether Castle v. Hayes Freight Lines, Inc., limits the way the Port can enforce the financial-capacity and truck-maintenance requirements upheld by the Ninth Circuit.

Appellate Information

• Decided 06/13/2013
• Published 06/13/2013

Judges

• KAGAN

Court

• United States Supreme Court

Counsel