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United States DC Circuit


PUB. CITIZEN v. FED. MOTOR CARRIER SAFETY ADMIN., 03-1165

The Court agreed with plaintiffs, finding that defendant's rule to limit the hours of driving and work of commercial motor vehicle operators was arbitrary and capricious because defendant failed to take account of a statutory limit on its authority.

Appellate Information

  • Argued 04/13/2004
  • Decided 07/16/2004
  • Published 07/16/2004

Judges

  • Before:  EDWARDS, SENTELLE and TATEL, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Bonnie I. Robin-Vergeer argued the cause for petitioners.   With her on the briefs were Brian Wolfman, Scott L. Nelson, and Allison M. Zieve.   Alan B. Morrison entered an appearance., Henry M. Jasny was on the brief for amicus curiae Advocates for Highway and Auto Safety in support of petitioners., Stephen L. Oesch, Shari T. Kendall, and Michele McDowell Fields were on the brief for amicus curiae Insurance Institute for Highway Safety in support of petitioners., Robert Digges, Jr. argued the cause for intervenors American Trucking Associations, Inc., et al.   With him on the brief were Erika Z. Jones, Adam C. Sloane, and David M. Gossett.  Robert A. Hirsch and Kevin M. Williams entered appearances.

  • For Appellees:
  • Matthew M. Collette, Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Robert S. Greenspan and Tara Leigh Grove, Attorneys, Jeffrey A. Rosen, General Counsel, U.S. Department of Transportation, Paul M. Geier, Assistant General Counsel, Peter J. Plocki, Senior Trial Attorney, and Brigham A. McCown, Chief Counsel, Federal Motor Carrier Safety Administration.
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