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Executive Director
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Written by Administrator
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Monday, 16 April 2012 07:37 |
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Although a hearing on our motion for summary judgment was set for February 9, the judge took the matter off calendar the day before the hearing and issued an order saying he would decide the matter on the briefs already submitted. In our case against CARB, the evidence we have presented makes a strong case that the Truck and Bus rule would surely impact our prices, routes, and services, which is precisely what Congress said was preempted when it enacted the FAAAA.
We anticipate a ruling on our summary judgment motion in the next several months, although there is no hard deadline within which the court must rule. If the court rules in our favor, CARB and NRDC (who intervened in the lawsuit to oppose us) will almost certainly appeal. If the court rules against us, we will also appeal. There is a third possibility. The court could deny both sides’ summary judgment motions and order the case to go to trial. If that happens, discovery would consume the rest of this year and trial would start in 2013.
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