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AMERICAN TRUCKING ASS'N, INC. v. WHITMAN

No. 04-2201.

437 F.3d 313 (2006)

AMERICAN TRUCKING ASSOCIATIONS, INC. and U.S. Xpress, Inc., v. Christine Todd WHITMAN, in her official capacity as the Governor of the State of New Jersey; James Weinstein, in his official capacity as the Commissioner of the New Jersey Department of Transportation; Col. Carson Dunbar, in his official capacity as the Superintendent of the New Jersey State Police; John J. Farmer, Jr., in his official capacity as the Attorney General of the State of New Jersey, Appellants.

United States Court of Appeals, Third Circuit.

February 21, 2006.

Attorney(s) appearing for the Case

Patrick DeAlmeida (Argued), Office of the Attorney General of New Jersey, Department of Law & Public Safety, Richard J. Hughes Justice Complex, Trenton, NJ, for Appellants.

Janine G Bauer, South Orange, NJ, for Amicus—Appellant, Tri State Transportation.

Trishka Waterbury, Mason, Griffin & Pierson, Princeton, NJ, for Amicus—Appellant, NJ State League Mun.

Richard F. Ricci, Alix R. Rubin, Lowenstein Sandler PC, Roseland, NJ, Robert S. Digges, Jr. (Argued), American Trucking Associations, Inc., Alexandria, VA, for Appellees.

Before RENDELL, FUENTES, and GARTH, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

In 1999, in response to the threat to health and safety posed by large trucks on local roads, the New Jersey Department of Transportation adopted emergency highway safety regulations (the "Regulations") designed to detour some of those trucks away from local roads and congested areas. The Regulations require double-trailer truck combinations and 102-inch-wide tractor trailers (collectively, "restricted vehicles...

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