He said, "This plan was never about clean air, it was about promoting special interests of a few well-connected, labor groups. "Successful clean trucks plans in Long Beach, Seattle and the Ports of New York and New Jersey have shown you can improve air quality without forcing owner-operators out of your port." ATA Chief Counsel Robert Digges said, "We are evaluating the rest of the court's ruling. While the court upheld our argument on the central issue, we will be deciding whether a further appeal is warranted. We firmly believe the other challenged provisions of the Concession Agreement should have been preempted as explained in a strong dissent by the panel's Chief Judge. Should we appeal, that dissent will be very helpful to our effort."
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