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PUBLIC CITIZEN, INC. v. RUBBER MANUFACTURERS ASS'N

No. 06-5304.

533 F.3d 810 (2008)

PUBLIC CITIZEN, INC., Appellee v. RUBBER MANUFACTURERS ASSOCIATION, Appellant Mary E. Peters, Secretary, U.S. Department of Transportation, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 22, 2008.

Attorney(s) appearing for the Case

Eugene Scalia argued the cause for the appellant. With him on the briefs was Laurie T. Baulig.

Scott L. Nelson argued the cause for appellee Public Citizen, Inc. With him on the brief was David Arkush.

Jane M. Lyons, Assistant U.S. Attorney, argued the cause for the federal appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, and Lloyd S. Guerci, Assistant Chief Counsel, National Highway Traffic Safety Administration.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

A provision of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act limits the disclosure, "pursuant to section 30167(b)" of the National Traffic and Motor Vehicle Safety Act, of certain early warning reporting data. Appellant Rubber Manufacturers Association contends that the limits imposed by the TREAD Act apply not only to disclosures made "pursuant to section 30167...

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