OWNER-OPERATOR INDEPENDENT DRIVERS v. FMCSA

Nos. 06-1035, 06-1078.

494 F.3d 188 (2007)

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., Petitioner v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, Respondent International Brotherhood of Teamsters, AFL-CIO, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 2007.


Attorney(s) appearing for the Case

Paul D. Cullen, Jr. argued the cause for petitioner Owner-Operator Independent Drivers Association, Inc. With him on the briefs was Paul D. Cullen, Sr. Daniel E. Cohen entered an appearance.

Bonnie I. Robin-Vergeer argued the cause for petitioners Public Citizen, Inc., et al. With her on the briefs were Brian Wolfman and Scott L. Nelson. James A. McCall entered an appearance.

Kenneth E. Siegel was on the briefs for intervenors California Trucking Association, et al.

Michele M. Fields was 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 respondents. With him on the brief were Peter D. Keisler, Assistant Attorney General, Robert S. Greenspan, Attorney, and Paul M. Geier, Assistant General Counsel, Federal Motor Carrier Safety Administration.

Robert Digges, Jr., Erika Z. Jones, Adam C. Sloane, David M. Gossett, John M. Cutler, Jr., Nicholas J. DiMichael, and C. Fairley Spillman were on the brief of intervenors American Trucking Associations, Inc., et al. in support of respondent. Karyn A. Booth entered an appearance.

Before: GINSBURG, Chief Judge, and HENDERSON and GARLAND, Circuit Judges.


Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

In order to ensure highway safety and protect driver health, Congress has charged the Federal Motor Carrier Safety Administration with regulating the hours of commercial motor vehicle operators. In 2005, the agency promulgated a final rule revising its existing regulations in a number of respects. Two groups — one led by Public Citizen and the other by the Owner-Operator Independent...

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