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PUBLIC CITIZEN INC. v. MINETA

No. 02-70303.

343 F.3d 1159 (2003)

PUBLIC CITIZEN INC.; Center for Auto Safety; The Trauma Foundation; Andrew McGuire; Jane Kelly; Ralf Hotchkiss, Petitioners, Automotive Occupant Restraints Council, Intervenors, v. Norman Y. MINETA, Respondent, Alliance of Automobile Manufacturers, Inc., Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2003.

Attorney(s) appearing for the Case

Michael Tankersley, Washington, D.C., argued the case for the petitioners.

H. Thomas Byron III, DOJ, Washington, D.C., argued the case for the respondent.

Erika Z. Jones, Washington, D.C., argued the case for the respondent-intervenors.

Before: Thomas M. REAVLEY, A. Wallace Tashima, and PAEZ Richard A. Paez, Circuit Judges.

Argued and Submitted July 9, 2003 — Seattle, Washington.

OPINION

PAEZ, Circuit Judge.

This case presents the novel question of when an order promulgating a regulation of the National Highway Traffic Safety Administration ("NHTSA") has been "issued" for the purposes of calculating the 59-day period in which a petition for review must be filed. We hold that an order has not been "issued" until it has been filed with the Office of the Federal...

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