United States DC Circuit

Petitions for review filed by plaintiff associations of hazardous materials manufacturers, shippers, and transporters challenging defendant's rule defining when hazardous materials are being loaded, unloaded, or stored incidental to their movement, are dismissed as plaintiffs have not demonstrated Article III standing under the U.S. Constitution to bring their challenge.

Appellate Information

• Argued 03/20/2006
• Decided 10/13/2006
• Published 10/13/2006

Judges

• Before SENTELLE, ROGERS and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Paul M. Donovan argued the cause for petitioner.   With him on the briefs was Nicholas J. DiMichael., William R. Weissman and Paul D. Ackerman were on the brief for intervenors Utility Solid Waste Activities Group, et al.  Douglas H. Green entered an appearance.


• For Appellees:
  
• Jonathan H. Levy, Attorney, U.S. Department of Justice, argued the cause for respondent.   On the brief were Peter D. Keisler, Assistant Attorney General, Douglas N. Letter and August E. Flentje, Attorneys, Jeffrey A. Rosen, General Counsel, U.S. Department of Transportation, Paul M. Geier, Assistant General Counsel, and Peter J. Plocki, Senior Trial Attorney.