United States DC Circuit

In case involving manufacturer of light bases used in airport runways, petition for review of challenging respondent's imposition of a strict test on petitioner's product but not on other, similar products is granted as respondent's jurisdictional arguments are wholly meritless and the agency offers nothing more to justify its decision than one employee's bare assertions unsupported by any actual evidence.

Appellate Information

• Argued 10/19/2007
• Decided 12/11/2007
• Published 12/11/2007

Judges

• Before:  HENDERSON, TATEL, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David M. Hernandez argued the cause and filed the briefs for petitioner.


• For Appellees:
  
• Peter R. Maier, Attorney, U.S. Department of Justice, argued the cause for respondents.   With him on the brief was Robert S. Greenspan, Attorney.