(Washington, D.C.) – On Friday, the U.S. Ninth Circuit Court of Appeals denied the emergency injunction filed by the Teamsters, Sierra Club and Public Citizen, saying the petition failed to meet legal hurdles. The case now must be argued before the court.
Reacting to the decision, Teamsters General President James P. Hoffa stated:
“This is the wrong decision for American working men and women. We will now proceed to litigate this case on the merits. We believe this program clearly breaks the law. We will continue to fight for safety and national security in the courts and in Congress.”
Under the current briefing schedule, the Teamster brief is due on November 19 and government’s response is due on December 17.
Text of Court Order
Petitioners’ emergency motion to stay the Federal Motor Carrier Safety
Administration’s (“FMCSA”) pilot or demonstration project regarding Mexicandomiciled
motor carriers, see 72 Fed. Reg. 46263-64 (Aug. 17,2007), is denied.
Petitioners have not satisfied the legal requirements for a stay pending review of
the petition. See Walczak v. EPL Prolong Inc., 198 F.3d 725, 731 (9th Cir. 1999)
(stating legal standard).
The briefing schedule established previously shall remain in effect.
So what this means, is according to the briefing schedule, this lawsuit probably will not be considered until the Spring 2008 term of the Court, almost 8 months into the Pilot Program.
Jimmy P. claims they will argue this case on it’s merits, however, the case is without merits. This was filed as another delaying tactic which blew up in their faces. All claims made in the lawsuit have been proved to be false by the facts available.
We’ll all have to sit back and wait now and see where this goes. I remain confident that my position on this issue is the correct one, and will continue to believe so unless and until someone can convince me otherwise, with cold hard facts, not hype and hysteria.
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