United States DC Circuit

Plaintiff challenged defendant's decision to set the speed for unbelted vehicle crash testing at twenty-five rather than thirty miles per hour, and the Court denied plaintiff's petition, finding that defendant acted consistently with Congress's directive and the decision was neither arbitrary nor capricious.

Appellate Information

• Argued 05/13/2004
• Decided 07/20/2004
• Published 07/20/2004

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Scott L. Nelson argued the cause for petitioners.   With him on the briefs was David C. Vladeck.  Michael E. Tankersley entered an appearance.


• For Appellees:
  
• H. Thomas Byron III, Attorney, U.S. Department of Justice, argued the cause for respondents.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  Douglas N. Letter, Attorney;  Jeffrey A. Rosen, General Counsel, U.S. Department of Transportation;  Paul M. Geier, Assistant General Counsel;  Lloyd S. Guerci, Assistant Chief Counsel, National Highway Traffic Safety Administration;  and Enid Rubenstein, Attorney., Erika Z. Jones argued the cause for intervenors in support of respondents.   With her on the brief were Adam Sloane and David M. Gossett., Shari T. Kendall, Stephen L. Oesch, and Michele M. Fields were on the brief for amicus curiae Insurance Institute for Highway Safety in support of respondents.