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SCENIC AMERICA, INC. v. U.S. DEPT. OF TRANSP

Civil Action No. 13-93 (JEB).

49 F.Supp.3d 53 (2014)

SCENIC AMERICA, INC., Plaintiff, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Ray Lahood, Federal Highway Administration, and Victor Mendez, Defendants, and Outdoor Advertising Association of America, Inc., Intervenor-Defendant.

United States District Court, District of Columbia.

Signed June 20, 2014.

Attorney(s) appearing for the Case

Thomas M. Gremillion , Washington, DC, for Plaintiff.

Daniel Schwei , Patrick D. Davis , U.S. Department of Justice, Washington, DC, for Defendants.

Kannon K. Shanmugam , Allison B. Jones , Bryant Hall , Williams & Connolly, LLP, Washington, DC, for Intervenor-Defendant.

MEMORANDUM OPINION

This administrative-law dispute involves a conundrum that has long bedeviled the federal courts: How should rules written in the past apply to new and unforeseen circumstances in the present?

The question arises, surprisingly enough, in the context of Interstate...

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