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CENTER FOR AUTO SAFETY v. NAT. HIGHWAY TRAFFIC SAFETY ADMINISTRATION

No. 04-5402.

452 F.3d 798 (2006)

CENTER FOR AUTO SAFETY and Public Citizen, Inc., Appellants v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 2006.

Attorney(s) appearing for the Case

Bonnie I. Robin-Vergeer argued the cause for appellants. With her on the briefs was Allison M. Zieve.

Jane M. Lyons, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Kenneth L. Wainstein, U.S. Attorney, Michael J. Ryan, Assistant U.S. Attorney, and Lloyd S. Guerci, Assistant Chief Counsel, National Highway Traffic Safety Administration. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: RANDOLPH and GRIFFITH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

Concurring opinion filed by Circuit Judge RANDOLPH.

EDWARDS, Senior Circuit Judge.

The National Highway Traffic Safety Administration Authorization Act of 1991 ("Safety Act" or "Act"), 49 U.S.C. §§ 30,101 et seq. (2000), allows automakers to initiate voluntary "recalls" when a motor vehicle or its equipment contains a safety-related defect or does not comply with applicable...

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