United States DC Circuit

Petition for review of agency defendant's rule regarding commercial motor vehicle driver training is granted where defendant's action was arbitrary and capricious due to the incongruity between the methods of training previously shown to be effective and those adopted in the final rule.

Appellate Information

• Decided 12/02/2005
• Published 12/02/2005

Judges

• Before:  TATEL and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Adina H. Rosenbaum and Robert A. Hirsch argued the cause for petitioners.   With them on the briefs were Brian Wolfman, Paul D. Cullen, Sr., and Henry M. Jasny., Matthew M. Collette, Attorney, U.S. Department of Justice, entered an appearance.


• For Appellees:
  
• Edward Himmelfarb, Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General, U.S. Department of Justice, Robert S. Greenspan, Attorney, Jeffrey A. Rosen, General Counsel, U.S. Department of Transportation, Brigham A. McCown, Chief Counsel, and Cheryl J. Walker, Attorney.