PUBLIC CITIZEN; Brotherhood of Teamsters, Auto and Truck Drivers, Local 70; California Labor Federation; California Trucking Association; Environmental Law Foundation; International Brotherhood of Teamsters, Petitioners,
Natural Resources Defense Council; Planning and Conservation League, Petitioners-Intervenors,
v.
DEPARTMENT OF TRANSPORTATION; Federal Motor Carrier Safety Administration; Nicholas R. Walsh, Respondents.
International Brotherhood of Teamsters; Brotherhood of Teamsters, Auto and Truck Drivers, Local 70; California Labor Federation; California Trucking Association; Environmental Law Foundation; Public Citizen, Petitioners,
Natural Resources Defense Council; Planning and Conservation League, Petitioners-Intervenors,
v.
U.S. Department of TRansportation; Federal Motor CArrier Safety Administration; Joseph M. Clapp; Nicholas R. Walsh, Respondents.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 8, 2002.
Filed January 16, 2003.
Attorney(s) appearing for the Case
Patrick J. Coughlin, Randi D. Bandman, and Stanley S. Mallison, Milberg Weiss Bershad Hynes & Lerach LLP, San Francisco, CA; William S. Lerach and Patrick W. Daniels, Milberg Weiss Bershad Hynes & Lerach LLP, San Diego, CA; Albert H. Meyerhoff, Milberg Weiss Bershad Hynes & Lerach LLP, Los Angeles, CA; and Charles S. Crandall, San Luis Obispo, CA, for all petitioners.
Stephen P. Berzon and Jonathan Weissglass, Altshuler, Berzon, Nussbaum, Rubin & Demain, San Francisco, CA, for petitioners International Brotherhood of Teamsters, California Labor Federation, and Environmental Law Foundation.
Patrick J. Szymanski, General Counsel, International Brotherhood of Teamsters, Washington, DC, for petitioner International Brotherhood of Teamsters.
David Rosenfeld, Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, CA, for petitioner Brotherhood of Teamsters, Auto and Truck Drivers, Local 70.
David Vladeck, Public Citizen, Washington, DC, for petitioner Public Citizen.
Adriana Quintero Somaini, Natural Resources Defense Council, San Francisco, CA; and Gail Ruderman Feuer, Natural Resources Defense Council, Los Angeles, CA, for petitioners-intervenors Natural Resources Defense Council and Planning and Conservation League.
Kirk K. Van Tine, General Counsel, Paul M. Geier, Assistant General Counsel, Peter J. Plocki, and David R. Kock, Department of Transportation, Washington, DC; Judith A. Rutledge, Chief Counsel, and Michael J. Falk, Federal Motor Carrier Safety Administration, Washington, DC; Kelly A. Johnson, Acting Assistant Attorney General, Department of Justice, Washington, DC; and Andrew C. Mergen, David C. Shilton, and John L. Smeltzer, Department of Justice, Environment & Natural Resources Division, Washington, DC, for the respondents.
Bill Lockyer, Attorney General of the State of CA, Richard M. Frank, Chief Assistant Attorney General, Theodora Berger, Senior Assistant Attorney General, Susan L. Durbin and Edward H. Ochoa, Deputy Attorneys General, Sacramento, CA, for amicus curiae the People of the State of California ex rel. Attorney General Bill Lockyer.
Margaret N. Strand, Bruce R. Parker, and Lindsay B. Meyer, Venable, Baetjer, Howard & Civiletti, LLP, Washington, DC; and Beth L. Law, ATA Litigation Center, Inc., for amicus curiae ATA Litigation Center, Inc.
Before D.W. NELSON, HAWKINS and WARDLAW, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
WARDLAW, Circuit Judge.
Petitioners1 challenge the Department of Transportation's failure to conduct the requisite environmental analyses prior to promulgating three regulations, the combined effect of which will permit Mexico-domiciled motor carriers to operate within the United States beyond the current limited border zones, thus fulfilling the United States' obligations under the North American Free Trade Agreement...
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