United States DC Circuit

Petition for review of final rule regulating hours of commercial motor vehicle operators is denied as to one petitioner, but granted as to another where respondent agency: 1) violated the Administrative Procedure Act when it failed to give interested parties an opportunity to comment on the methodology of the crash-risk model that the agency used to justify an increase in the maximum number of daily and weekly hours that truck drivers may drive and work; and 2) failed to provide an explanation for critical elements of that methodology.

Appellate Information

• Argued 12/04/2006
• Decided 07/24/2007
• Published 07/24/2007

Judges

• Before:  GINSBURG, Chief Judge, and HENDERSON and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Paul D. Cullen, Jr. argued the cause for petitioner Owner-Operator Independent Drivers Association, Inc.   With him on the briefs was Paul D. Cullen, Sr. Daniel E. Cohen entered an appearance., Bonnie I. Robin-Vergeer argued the cause for petitioners Public Citizen, Inc., et al.   With her on the briefs were Brian Wolfman and Scott L. Nelson.  James A. McCall entered an appearance., Kenneth E. Siegel was on the briefs for intervenors California Trucking Association, et al., Michele M. Fields was on the brief for amicus curiae Insurance Institute for Highway Safety in support of petitioners.


• For Appellees:
  
• Matthew M. Collette, Attorney, U.S. Department of Justice, argued the cause for respondents.   With him on the brief were Peter D. Keisler, Assistant Attorney General, Robert S. Greenspan, Attorney, and Paul M. Geier, Assistant General Counsel, Federal Motor Carrier Safety Administration., Robert Digges, Jr., Erika Z. Jones, Adam C. Sloane, David M. Gossett, John M. Cutler, Jr., Nicholas J. DiMichael, and C. Fairley Spillman were on the brief of intervenors American Trucking Associations, Inc., et al. in support of respondent.  Karyn A. Booth entered an appearance.