The American Trucking Associations will appeal a federal court’s determination that Los Angeles’ port can fully enforce its Clean Truck Program, which ports nationwide hope to use as a model.

On Aug. 26, the court issued a 57-page findings of fact and conclusions of law upholding the port’s requirements, including its concessionaire agreement carriers must sign to work the port. The ATA has condoned the stricter truck standards to meet emissions goals, but had fought other program tenants, especially requiring all drivers be employees.

“The provisions of the concession agreement at issue do not constitute an unreasonable burden on interstate commerce,” wrote Judge Christina Snyder, of the U.S. District Court for the Central District of California, Western Division.

The U.S. Constitution’s Commerce Clause restricts states’ regulation power and the “dormant” Commerce Clause prohibits legislation excessively burdening interstate commerce. It allows a market exemption if the port’s actions are that of a business proprietor, not as a regulator, said Curtis Whalen, executive director of the ATA’s Intermodal Motor Carriers Conference.

The association will also ask Snyder to keep a temporary injunction in place, which has allowed owner-operators to continue to regularly work the port and has barred enforcement of certain other program tenants.

“Inasmuch as all parties agreed at trial that the benefits of the clean truck and clean air elements of the Clean Trucks Plan have been fully realized with the injunction in place, neither the port nor the people of California have been harmed by the preliminary injunction,” the ATA stated.