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CEI v. NHTSA

No. 93-1210.

45 F.3d 481 (1995)

COMPETITIVE ENTERPRISE INSTITUTE, and Consumer Alert, Petitioners, v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 1995.

Attorney(s) appearing for the Case

Sam Kazman, Washington, DC, argued the cause and filed the briefs, for petitioners.

Peter R. Maier, U.S. Dept. of Justice, Washington, DC, argued the cause, for respondent. With him on the brief were Eric H. Holder, Jr., U.S. Atty., Barbara C. Biddle, U.S. Dept. of Justice, and Kenneth N. Weinstein, Asst. Chief Counsel, and Enid Rubenstein, National Highway Traffic Safety Admin., Washington, DC.

Before EDWARDS, Chief Judge, GINSBURG and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Competitive Enterprise Institute and Consumer Alert (hereinafter referred to jointly as the CEI) petition for review of the National Highway Traffic Safety Administration rulemaking setting the corporate average fuel economy (CAFE) standard for 1990 passenger cars. The petitioners claim that the agency arbitrarily and capriciously failed to acknowledge significant adverse safety...

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