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AMERICAN TRUCKING ASSOCIATIONS v. U.S. DEPT. OF TRANSP.

Nos. 97-1668, 97-1680.

166 F.3d 374 (1999)

AMERICAN TRUCKING ASSOCIATIONS, INC., et al., Petitioners, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Federal Highway Administration, and United States of America, Respondents. Petroleum Marketers Association of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 12, 1999.

Attorney(s) appearing for the Case

Erika Z. Jones argued the cause for petitioners American Trucking Associations, et al. With her on the briefs were Daniel R. Barney, Lynda S. Mounts and Harold S. Reeves.

Anthony J. McMahon argued the cause and filed the briefs for petitioner Truckers United for Safety. Mary Beth L. Jackson entered an appearance.

Edward R. Cohen, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Frank W. Hunger, Assistant Attorney General, and Robert S. Greenspan, Attorney. E. Roy Hawkens, Attorney, entered an appearance.

Robert S. Bassman and Alphonse M. Alfano were on the brief for intervenor Petroleum Marketers Association of America.

Before: WALD, WILLIAMS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

The petitioners in this case, the American Trucking Associations ("ATA") and Truckers United for Safety ("TUFS"), challenge a rule promulgated by the Federal Highway Administration ("FHWA") amending the regulations governing the assignment of safety fitness ratings to motor carriers. The ATA claims that the amended regulations are contrary to law, are arbitrary...

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