United States DC Circuit

In a suit challenging a National Highway Traffic Safety Administration (NHTSA) regulation regarding the submission by manufacturers of certain safety-related data, a NHTSA ruling declining to exempt such data from public disclosure is affirmed where the plain language of the enabling statute makes clear that the data is not subject to a blanket public-disclosure exemption under the FOIA.

Appellate Information

• Argued 10/15/2007
• Decided 07/22/2008
• Published 07/22/2008

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Eugene Scalia argued the cause for the appellant.   With him on the briefs was Laurie T. Baulig.


• For Appellees:
  
• Scott L. Nelson argued the cause for appellee Public Citizen, Inc. With him on the brief was David Arkush., Jane M. Lyons, Assistant U.S. Attorney, argued the cause for the federal appellee.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, and Lloyd S. Guerci, Assistant Chief Counsel, National Highway Traffic Safety Administration.