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ADVOCATES FOR HWY. AND AUTO SAFETY v. FED. MOTOR CARRIER SAFETY ADMINISTRATION

Nos. 04-1233, 04-1236 and 04-1418.

429 F.3d 1136 (2005)

ADVOCATES FOR HIGHWAY AND AUTO SAFETY, Petitioner v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 2, 2005.

Attorney(s) appearing for the Case

Adina H. Rosenbaum and Robert A. Hirsch argued the cause for petitioners. With them on the briefs were Brian Wolfman, Paul D. Cullen, Sr., and Henry M. Jasny.

Edward Himmelfarb, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General, U.S. Department of Justice, Robert S. Greenspan, Attorney, Jeffrey A. Rosen, General Counsel, U.S. Department of Transportation, Brigham A. McCown, Chief Counsel, and Cheryl J. Walker, Attorney.

Matthew M. Collette, Attorney, U.S. Department of Justice, entered an appearance.

Before: TATEL and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Senior Circuit Judge.

In 1991, Congress instructed the Department of Transportation ("DOT") to determine whether drivers of commercial motor vehicles ("CMVs") — large trucks, passenger coaches, and school buses — were receiving adequate training. Intermodal Surface Transportation Efficiency Act, Pub.L. No. 102-240, 105 Stat. 1914, 2151 (1991) ("ISTEA" or the...

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