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PUBLIC CITIZEN, INC. v. NATIONAL HIGHWAY TRAFFIC

No. 03-1304.

374 F.3d 1251 (2004)

PUBLIC CITIZEN, INC. and Center for Auto Safety, Petitioners, v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION and Norman Y. Mineta, Secretary of Transportation, Respondents. Automotive Occupant Restraints Council and Alliance of Automobile Manufacturers, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 20, 2004.

Attorney(s) appearing for the Case

Scott L. Nelson argued the cause for petitioners. With him on the briefs was David C. Vladeck. Michael E. Tankersley entered an appearance.

H. Thomas Byron III, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Peter D. Keisler, Assistant Attorney General; Douglas N. Letter, Attorney; Jeffrey A. Rosen, General Counsel, U.S. Department of Transportation; Paul M. Geier, Assistant General Counsel; Lloyd S. Guerci, Assistant Chief Counsel, National Highway Traffic Safety Administration; and Enid Rubenstein, Attorney.

Erika Z. Jones argued the cause for intervenors in support of respondents. With her on the brief were Adam Sloane and David M. Gossett.

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

Before: EDWARDS, RANDOLPH, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Air bags have saved thousands of lives since first appearing in passenger vehicles approximately three decades ago. Their ability to save some occupants, however, has proven fatal to others, especially children and small women. Responding to this problem and to a new congressional directive, the National Highway Traffic Safety Administration revised one of its auto safety standards to...

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