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INT. BROTH. OF TEAMSTERS, AFL-CIO v. FED. HY. ADMIN.

No. 94-1313.

56 F.3d 242 (1995)

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, AFL-CIO, Petitioner, v. FEDERAL HIGHWAY ADMINISTRATION, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 1995.

Attorney(s) appearing for the Case

James A. McCall argued the cause for petitioner. With him on the briefs was Judith A. Scott.

Jonathan R. Siegel, Atty., U.S. Dept. of Justice, argued the cause, for respondents With him on the brief were Frank W. Hunger, Asst. Atty. Gen., Leonard Schaitman and Mark B. Stern, Attys. Robert V. Zener, Atty., entered an appearance.

Before: WALD, SILBERMAN and SENTELLE, Circuit Judges.

WALD, Circuit Judge:

The International Brotherhood of Teamsters ("IBT") petitions for review of regulations issued by the Department of Transportation ("DOT") and the Federal Highway Administration ("FHWA") (collectively, the "Secretary") governing the use of alcohol by commercial motor vehicle operators. Petitioner contends that the regulations' failure to compel that a "split specimen" sample be preserved when breath testing is employed to determine a driver's alcohol...

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