Mark Solomon joined DC VELOCITY as senior editor in August 2008, and was promoted to his current position on January 1, 2015. He has spent more than 30 years in the transportation, logistics and supply chain management fields as a journalist and public relations professional. From 1989 to 1994, he worked in Washington as a reporter for the Journal of Commerce, covering the aviation and trucking industries, the Department of Transportation, Congress and the U.S. Supreme Court. Prior to that, he worked for Traffic World for seven years in a similar role. From 1994 to 2008, Mr. Solomon ran Media-Based Solutions, a public relations firm based in Atlanta. He graduated in 1978 with a B.A. in journalism from The American University in Washington, D.C.
In a victory for trucking interests and supporters of federalism, the U.S. Supreme Court today threw
out a key part of the Port of Los Angeles' pollution-reduction program that established guidelines,
restrictions, and penalties on drayage companies calling on the nation's busiest seaport.
In a unanimous 9-0 decision, the High Court ruled against a truck concession agreement embedded in the port's
2008 "Clean Truck" program. According to the ruling, the agreement is pre-empted by a 1994 federal law that bars
a state from imposing laws and regulations that affect a trucker's rates, routes, or services. The law, known as
the "Federal Aviation Administration Authorization Act," effectively deregulated intrastate commerce in the United States.
The ruling ends a nearly five-year legal battle between the trucking industry and the port and city of Los Angeles over
language in the "Clean Truck" program, which was devised to address community concerns over the impact of port
expansion on traffic, safety, and the environment. The concession agreement required drayage companies to place a placard
on each truck displaying a phone number for reporting concerns. Drayage companies were also ordered to submit a plan listing
off-street parking locations for each truck.
The agreement established penalties for alleged violators, including possible suspension or revocation of the authority
to perform drayage services at the port. The port mandated that every drayage company enter into the agreement and made it
a crime, punishable by fine or imprisonment, for a terminal operator to grant access to an unregistered drayage truck.
The American Trucking Associations sued the port and the city, arguing the agreement violated interstate commerce and
had less to do with cleaning up the environment and more to do with the port flexing its regulatory muscle on its own
behalf as well as for certain special interests, notably organized labor.
The issue before the High Court was if components of the concession agreement governing a trucker's rates, routes,
and services could escape federal pre-emption because, as the port contended, it was acting as a business and not as a
state regulatory body. If the port was viewed as a business, the agreements should be exempted from federal pre-emption laws.
Writing for the court, however, Justice Elena Kagan said the port "exercised classic regulatory authority" by imposing the
placard and parking requirements on drayage operators. "It forced terminal operators—and through them, trucking
companies—to alter their conduct by implementing a criminal prohibition punishable by imprisonment," she wrote.
Justice Kagan added that when "the government employs a coercive mechanism, available to no private party, it acts with the
force and effect of law, whether or not it does so to turn a profit."
The High Court decision in part overruled a 2011 decision by a federal appeals court in California that the agreement
was lawful except for language that required owner-operators to become port employees. Earlier, a federal district judge
in California had found in favor of the port.
"[The Supreme Court decision] is sure to send a signal to any other cities [that] may have been
considering similar programs, which would impermissibly regulate the port trucking industry," said Bill
Graves, president and CEO of the ATA, in a statement. The group represents the nation's major motor carriers.
For its part, the port will be looking at how the ruling affects its Clean Truck program. "For nearly five years, the Clean
Truck program has played a critical role in reducing harmful emissions by more than 90 percent from trucks operating at the Port
of Los Angeles," said Phillip Sanfield, a port spokesperson. Noting the concession agreement was a key element of the program,
Sanfield said the port is reviewing the ruling "to determine how it affects our current ability to provide a clean, safe, and
secure trucking system consistent with the Court's guidance."
Joel D. Anderson, president and CEO of the International Warehouse Logistics Association (IWLA), hailed the decision as
affirming Congress' intent to economically deregulate transportation at all government levels. In an e-mail to DC Velocity,
Anderson, who was the president of the California Trucking Associations when the 1994 law was enacted, wrote, "I was pleased to
read such clear and expansive justification for the court's rejection" of the concession agreement.
The number of container ships waiting outside U.S. East and Gulf Coast ports has swelled from just three vessels on Sunday to 54 on Thursday as a dockworker strike has swiftly halted bustling container traffic at some of the nation’s business facilities, according to analysis by Everstream Analytics.
As of Thursday morning, the two ports with the biggest traffic jams are Savannah (15 ships) and New York (14), followed by single-digit numbers at Mobile, Charleston, Houston, Philadelphia, Norfolk, Baltimore, and Miami, Everstream said.
The impact of that clogged flow of goods will depend on how long the strike lasts, analysts with Moody’s said. The firm’s Moody’s Analytics division estimates the strike will cause a daily hit to the U.S. economy of at least $500 million in the coming days. But that impact will jump to $2 billion per day if the strike persists for several weeks.
The immediate cost of the strike can be seen in rising surcharges and rerouting delays, which can be absorbed by most enterprise-scale companies but hit small and medium-sized businesses particularly hard, a report from Container xChange says.
“The timing of this strike is especially challenging as we are in our traditional peak season. While many pulled forward shipments earlier this year to mitigate risks, stockpiled inventories will only cushion businesses for so long. If the strike continues for an extended period, we could see significant strain on container availability and shipping schedules,” Christian Roeloffs, cofounder and CEO of Container xChange, said in a release.
“For small and medium-sized container traders, this could result in skyrocketing logistics costs and delays, making it harder to secure containers. The longer the disruption lasts, the more difficult it will be for these businesses to keep pace with market demands,” Roeloffs said.
The British logistics robot vendor Dexory this week said it has raised $80 million in venture funding to support an expansion of its artificial intelligence (AI) powered features, grow its global team, and accelerate the deployment of its autonomous robots.
A “significant focus” continues to be on expanding across the U.S. market, where Dexory is live with customers in seven states and last month opened a U.S. headquarters in Nashville. The Series B will also enhance development and production facilities at its UK headquarters, the firm said.
The “series B” funding round was led by DTCP, with participation from Latitude Ventures, Wave-X and Bootstrap Europe, along with existing investors Atomico, Lakestar, Capnamic, and several angels from the logistics industry. With the close of the round, Dexory has now raised $120 million over the past three years.
Dexory says its product, DexoryView, provides real-time visibility across warehouses of any size through its autonomous mobile robots and AI. The rolling bots use sensor and image data and continuous data collection to perform rapid warehouse scans and create digital twins of warehouse spaces, allowing for optimized performance and future scenario simulations.
Originally announced in September, the move will allow Deutsche Bahn to “fully focus on restructuring the rail infrastructure in Germany and providing climate-friendly passenger and freight transport operations in Germany and Europe,” Werner Gatzer, Chairman of the DB Supervisory Board, said in a release.
For its purchase price, DSV gains an organization with around 72,700 employees at over 1,850 locations. The new owner says it plans to investment around one billion euros in coming years to promote additional growth in German operations. Together, DSV and Schenker will have a combined workforce of approximately 147,000 employees in more than 90 countries, earning pro forma revenue of approximately $43.3 billion (based on 2023 numbers), DSV said.
After removing that unit, Deutsche Bahn retains its core business called the “Systemverbund Bahn,” which includes passenger transport activities in Germany, rail freight activities, operational service units, and railroad infrastructure companies. The DB Group, headquartered in Berlin, employs around 340,000 people.
“We have set clear goals to structurally modernize Deutsche Bahn in the areas of infrastructure, operations and profitability and focus on the core business. The proceeds from the sale will significantly reduce DB’s debt and thus make an important contribution to the financial stability of the DB Group. At the same time, DB Schenker will gain a strong strategic owner in DSV,” Deutsche Bahn CEO Richard Lutz said in a release.
Transportation industry veteran Anne Reinke will become president & CEO of trade group the Intermodal Association of North America (IANA) at the end of the year, stepping into the position from her previous post leading third party logistics (3PL) trade group the Transportation Intermediaries Association (TIA), both organizations said today.
Meanwhile, TIA today announced that insider Christopher Burroughs would fill Reinke’s shoes as president & CEO. Burroughs has been with TIA for 13 years, most recently as its vice president of Government Affairs for the past six years, during which time he oversaw all legislative and regulatory efforts before Congress and the federal agencies.
Before her four years leading TIA, Reinke spent two years as Deputy Assistant Secretary with the U.S. Department of Transportation and 16 years with CSX Corporation.
As the hours tick down toward a “seemingly imminent” strike by East Coast and Gulf Coast dockworkers, experts are warning that the impacts of that move would mushroom well-beyond the actual strike locations, causing prevalent shipping delays, container ship congestion, port congestion on West coast ports, and stranded freight.
However, a strike now seems “nearly unavoidable,” as no bargaining sessions are scheduled prior to the September 30 contract expiration between the International Longshoremen’s Association (ILA) and the U.S. Maritime Alliance (USMX) in their negotiations over wages and automation, according to the transportation law firm Scopelitis, Garvin, Light, Hanson & Feary.
The facilities affected would include some 45,000 port workers at 36 locations, including high-volume U.S. ports from Boston, New York / New Jersey, and Norfolk, to Savannah and Charleston, and down to New Orleans and Houston. With such widespread geography, a strike would likely lead to congestion from diverted traffic, as well as knock-on effects include the potential risk of increased freight rates and costly charges such as demurrage, detention, per diem, and dwell time fees on containers that may be slowed due to the congestion, according to an analysis by another transportation and logistics sector law firm, Benesch.
The weight of those combined blows means that many companies are already planning ways to minimize damage and recover quickly from the event. According to Scopelitis’ advice, mitigation measures could include: preparing for congestion on West coast ports, taking advantage of intermodal ground transportation where possible, looking for alternatives including air transport when necessary for urgent delivery, delaying shipping from East and Gulf coast ports until after the strike, and budgeting for increased freight and container fees.
Additional advice on softening the blow of a potential coastwide strike came from John Donigian, senior director of supply chain strategy at Moody’s. In a statement, he named six supply chain strategies for companies to consider: expedite certain shipments, reallocate existing inventory strategically, lock in alternative capacity with trucking and rail providers , communicate transparently with stakeholders to set realistic expectations for delivery timelines, shift sourcing to regional suppliers if possible, and utilize drop shipping to maintain sales.