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DEPARTMENT OF TRANSPORTATION v. PUBLIC CITIZEN

No. 03-358.

541 U.S. 752 (2004)

DEPARTMENT OF TRANSPORTATION ET AL. v. PUBLIC CITIZEN ET AL.

Supreme Court of United States.

Decided June 7, 2004.

Attorney(s) appearing for the Case

Deputy Solicitor General Kneedler argued the cause for petitioners. With him on the briefs were Solicitor General Olson, Assistant Attorney General Sansonetti, Deputy Solicitor General Hungar, Deputy Assistant Attorney General Clark, Austin C. Schlick, John L. Smeltzer, David C. Shilton, Jeffrey A. Rosen, and Peter J. Plocki.

Jonathan Weissglass argued the cause for respondents. With him on the brief were Stephen P. Berzon, Gail Ruderman Feuer, Julie Masters, Adrianna Quintero Somaini, Melissa Lin Perrella, David C. Vladeck, Patrick J. Szymanski, David Rosenfeld, William S. Lerach, Patrick J. Coughlin, Albert H. Meyerhoff, and Thomas O. McGarity.*

THOMAS, J., delivered the opinion for a unanimous Court.

JUSTICE THOMAS delivered the opinion of the Court.

In this case, we confront the question whether the National Environmental Policy Act of 1969 (NEPA), 83 Stat. 852 (codified, as amended, at 42 U. S. C. §§ 4321-4370f), and the Clean Air Act (CAA), 42 U. S. C. §§ 7401-7671q, require the Federal Motor Carrier Safety Administration (FMCSA) to evaluate the environmental effects of cross-border operations of...

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