United States DC Circuit

Dismissal, for failure to state a claim, of a complaint challenging certain policy guidelines governing regional recalls by automakers is affirmed where the disputed policy guidelines at issue were not reviewable since they did not establish any binding rules and they were not finally determinative of the issues to which they were addressed.

Appellate Information

• Argued 12/09/2005
• Decided 06/23/2006
• Published 06/23/2006

Judges

• Before:  RANDOLPH and GRIFFITH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Bonnie I. Robin-Vergeer argued the cause for appellants.   With her on the briefs was Allison M. Zieve.


• For Appellees:
  
• Jane M. Lyons, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Kenneth L. Wainstein, U.S. Attorney, Michael J. Ryan, Assistant U.S. Attorney, and Lloyd S. Guerci, Assistant Chief Counsel, National Highway Traffic Safety Administration.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.