PUBLIC CITIZEN v. FEDERAL MOTOR CARRIER SAFETY

No. 03-1165.

374 F.3d 1209 (2004)

PUBLIC CITIZEN, et al., Petitioners, v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, Respondent. Distribution LTL Carriers Association, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 2004.


Attorney(s) appearing for the Case

Bonnie I. Robin-Vergeer argued the cause for petitioners. With her on the briefs were Brian Wolfman, Scott L. Nelson, and Allison M. Zieve. Alan B. Morrison entered an appearance.

Henry M. Jasny was on the brief for amicus curiae Advocates for Highway and Auto Safety in support of petitioners.

Stephen L. Oesch, Shari T. Kendall, and Michele McDowell Fields were on the brief for amicus curiae Insurance Institute for Highway Safety in support of petitioners.

Matthew M. Collette, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General, Robert S. Greenspan and Tara Leigh Grove, Attorneys, Jeffrey A. Rosen, General Counsel, U.S. Department of Transportation, Paul M. Geier, Assistant General Counsel, Peter J. Plocki, Senior Trial Attorney, and Brigham A. McCown, Chief Counsel, Federal Motor Carrier Safety Administration.

Robert Digges, Jr. argued the cause for intervenors American Trucking Associations, Inc., et al. With him on the brief were Erika Z. Jones, Adam C. Sloane, and David M. Gossett. Robert A. Hirsch and Kevin M. Williams entered appearances.

Before: EDWARDS, SENTELLE and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Public Citizen and other "public interest" groups (collectively "Public Citizen" or "petitioners") seek review of a final rule of the Federal Motor Carrier Safety Administration ("FMCSA" or "the agency") revising existing hours of service ("HOS") regulations limiting the hours of driving and work of commercial motor vehicle operators. For the reasons more fully set out below, we...

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