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OOIDA v. U.S. DEPT. OF TRANSP.

No. 12-1264.

724 F.3d 230 (2013)

OWNER-OPERATOR INDEPENDENT DRIVERS ASS'N, INC., Petitioner v. UNITED STATES DEPARTMENT OF TRANSPORTATION, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 2013.

Attorney(s) appearing for the Case

Paul D. Cullen, Sr. argued the cause for petitioner. With him on the briefs were Joyce E. Mayers and Paul D. Cullen, Jr.

Dana Kaersvang , Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were Stuart F. Delery , Principal Deputy Attorney General, Ronald C. Machen, Jr. , U.S. Attorney, Michael S. Raab and Michael P. Abate , Attorneys, Paul M. Geier , Assistant General Counsel for Litigation, Federal Motor Carrier Safety Administration, and Peter J. Plocki , Deputy Assistant General Counsel for Litigation.

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

Dissenting opinion filed by Senior Circuit Judge SENTELLE.

BROWN, Circuit Judge:

The Owner-Operator Independent Drivers Association (OOIDA), a trade association, challenges the decision of the Federal Motor Carrier Safety Administration (FMCSA) to exempt commercial vehicle operators licensed in Canada or Mexico from certain statutory medical certification requirements applicable to drivers licensed in the United States. The FMCSA claims that applying these requirements to these foreign drivers would violate existing executive...

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