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INTERN. BROTH. OF TEAMSTERS v. DEPT. OF TRANSP.

Nos. 11-1444, 11-1251.

724 F.3d 206 (2013)

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, et al., Petitioners v. UNITED STATES DEPARTMENT OF TRANSPORTATION, et al., Respondents Owner-Operator Independent Drivers Assn., Inc., Petitioner v. Federal Motor Carrier Safety Administration, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 19, 2013.

Reissued July 26, 2013.

Rehearing En Banc Denied July 26, 2013.

Attorney(s) appearing for the Case

Barbara J. Chisholm argued the cause for petitioners International Brotherhood of Teamsters, et al. With her on the briefs were Stephen P. Berzon , Jonathan Weissglass , Diana S. Reddy , and Scott L. Nelson.

Paul D. Cullen, Sr. argued the cause for petitioner Owner-Operator Independent Drivers Assn., Inc. With him on the briefs were Joyce E. Mayers and Paul D. Cullen, Jr.

Michael P. Abate , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Tony West , Assistant Attorney General at the time the brief was filed, Ronald C. Machen, Jr. , U.S. Attorney, David C. Shilton , John L. Smeltzer , and Michael S. Raab , Attorneys, Paul M. Geier , Assistant General Counsel, Federal Motor Carrier Safety Administration, and Peter J. Plocki , Deputy Assistant General Counsel.

Randolph D. Moss and Brian M. Boynton were on the brief for amicus curiae California Agricultural Issues Forum in support of respondents. Seth T. Waxman entered an appearance.

Stephan E. Becker and Daron T. Carreiro were on the brief for amicus curiae The United Mexican States in support of respondents.

Opinion for the Court filed by Circuit Judge, KAVANAUGH.

KAVANAUGH, Circuit Judge:

Pursuant to statute, the Federal Motor Carrier Safety Administration recently authorized a pilot program that allows Mexico-domiciled trucking companies to operate trucks throughout the United States, so long as the trucking companies comply with certain federal safety standards. Two groups representing American truck drivers, the Owner-Operator Independent Drivers Association and the International Brotherhood of Teamsters, contend that the...

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