INTERN BROTH OF TEAMSTERS v. U.S. DOT

Nos. 15-70754, 16-71137, 16-71992.

861 F.3d 944 (2017)

INTERNATIONAL BROTHERHOOD OF TEAMSTERS; Teamsters Joint Council No. 7; Teamsters Joint Council No. 42; Advocates for Highway and Auto Safety; Truck Safety Coalition, Petitioners, Owner-Operator Independent Drivers Association, Inc., Intervenor, v. U.S. DEPARTMENT OF TRANSPORTATION; Federal Motor Carrier Safety Administration; Elaine L. Chao, Secretary of the U.S. Department of Transportation; T.F. Scott Darling III, Administrator of the Federal Motor Carrier Safety Administration; United States of America, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed June 29, 2017.


Attorney(s) appearing for the Case

Eric Brown (argued), Barbara J. Chisholm , and Jonathan Weissglass , Altshuler Berzon LLP San Francisco, California; Henry Jasny , Advocates for Highway and Auto Safety, Washington, D.C.; for Petitioners.

Paul Cullen, Jr. (argued), Joyce E. Mayers , and Paul D. Cullen, Sr. , The Cullen Law Firm PLLC, Washington, D.C., for Intervenor.

Dana Kaersvang (argued) and Michael S. Raab , Attorneys, Appellate Staff; Benjamin C. Mizer , Principal Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; Peter J. Plocki , Deputy Assistant General Counsel; Paul M. Geier , Assistant General Counsel; Molly J. Moran , Acting General Counsel; Office of the General Counsel, Office of Litigation and Enforcement, United States Department of Transportation, Washington, D.C.; Charles J. Fromm , Acting Chief Counsel, and Debra S. Straus , Office of Chief Counsel, Federal Motor Carrier Safety Administration, Washington, D.C.; for Respondents.

Before: Kim McLane Wardlaw, Ronald M. Gould, and Consuelo M. Callahan, Circuit Judges.


OPINION

In the latest chapter of a long-running dispute between Mexico and the United States over Mexico-domiciled trucking companies' U.S. operations, the Federal Motor Carrier Safety Administration ("FMCSA") recently began granting permits for U.S. long-haul operations to those companies, concluding that they...

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