American Trucking v. Port of Los Angeles: Is the Castle Doctrine a Ticking Time Bomb, Potentially Eliminating Ports’ Control of Cargo Trucking?

Abstract

As the Port of Los Angeles and the shipping industry continue to expand, states struggle to regulate the heavy trucking businesses that support the shipping companies. In American Trucking Assn’s, Inc. v. City of Los Angeles, the Supreme Court struck down as preempted by the Federal Aviation Administration Authorization Act of 1994 parts of a Concession Agreement that sought to regulate the relationship between these trucking companies and the Port. The Court declined to decide a second question of whether the Port could punish trucking companies that routinely fail to comply with regulations. This Comment argues that the FAAAA’s broad preemption has left states unable to regulate the heavy trucking industry properly. Considering this deficiency, Congress or the EPA must step in to control the industry and prevent it from further polluting the environment