CENTER FOR AUTO SAFETY v. DOLE

No. 86-5436.

828 F.2d 799 (1987)

CENTER FOR AUTO SAFETY, et al., Appellants v. Elizabeth H. DOLE, Secretary, Department of Transportation, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 8, 1987.


Attorney(s) appearing for the Case

Howard A. Heffron, with whom Clarence M. Ditlow III, Mary H. Dunlap and Evan W. Johnson, Washington, D.C., were on the brief for appellants.

David W. Allen, Asst. Chief Counsel, Nat. Highway Traffic Safety Admin., Richard K. Willard, Asst. Atty. Gen., Douglas Letter, Appellate Litigation Counsel, Dept. of Justice, Erika Z. Jones, Chief Counsel, Enid Rubenstein and Eileen T. Leahy, Attys., Nat. Highway Traffic Safety Admin., Washington, D.C., were on the brief for appellees.

Before WALD, Chief Judge, MIKVA and BORK, Circuit Judges.


Opinion for the Court filed by Chief Judge WALD.

Dissenting opinion filed by Circuit Judge BORK.

WALD, Chief Judge:

This case concerns the availability and scope of judicial review of the National Highway Transportation Safety Administration's (NHTSA) decision to deny the Center for Auto Safety's (CAS)1 petition to reopen an enforcement investigation against the Ford Motor Company for safety defects in automobiles built...

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