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PUBLIC CITIZEN, INC. v. MINETA

Docket No. 02-4237.

340 F.3d 39 (2003)

PUBLIC CITIZEN, INC., New York Public Interest Research Group, the Center for Auto Safety, Petitioners, v. Norman MINETA, Secretary of Transportation, Respondent, Alliance of Automobile Manufacturers, Intervenor.

United States Court of Appeals, Second Circuit.

Decided: August 6, 2003.

Attorney(s) appearing for the Case

ALLISON M. ZIEVE, Public Citizen Litigation Group (Scott L. Nelson and David C. Vladeck, of counsel), Washington, DC, for Petitioners.

H. THOMAS BYRON III, Department of Justice, Civil Division, Appellate Staff (Robert D. McCallum, Jr., Assistant Attorney General of the United States, Douglas N. Letter, Department of Justice, Civil Division, Appellate Staff, of counsel), Washington, DC, for Respondent.

ERICA Z. JONES, Mayer, Brown, Rowe & Maw (Adam Sloane and David M. Gossett, of counsel), Washington, DC, for Intervenor.

Roger C. Fairchild (Charles H. Lockwood, II, of counsel), Purcellville, VA, submitted a brief for Amicus Curiae Association of International Automobile Manufacturers, Inc.

Before: CARDAMONE and SACK, Circuit Judges, and PAULEY, District Judge.

SACK, Circuit Judge.

The petitioners, three not-for-profit advocacy organizations, Public Citizen, Inc., New York Public Interest Research Group, and the Center for Auto Safety, petition for review of the Final Rule on Tire Pressure Monitoring Systems, 67 Fed. Reg. 38704 (2002), adopting Federal Motor Vehicle Safety Standard No. 138, 49 C.F.R. § 571.138 (2002), which was issued by the Secretary of Transportation to regulate...

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