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ALLIANCE FOR SAFE & COMPETITIVE TRANSP. v. FMCSA

No. 12-1305.

755 F.3d 946 (2014)

ALLIANCE FOR SAFE, EFFICIENT AND COMPETITIVE TRUCK TRANSPORTATION, et al., Petitioners v. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION and Anthony Foxx, In His Official Capacity as Secretary of Transportation, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 2014.

Attorney(s) appearing for the Case

David E. Frulla argued the cause for petitioners. With him on the briefs were Shaun M. Gehan , Henry E. Seaton , and Mark J. Andrews.

Gerald K. Gimmel was on the brief for amicus curiae National Confectioners' Logistics Council, Inc. in support of petitioners.

Edward J. Kiley was on the brief for amicus curiae Airforwarders Association in support of petitioners.

Jeffrey A. Clair , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Stuart F. Delery , Principal Deputy Assistant Attorney General, and Matthew M. Collette , Attorney. Paul M. Geier , Assistant General Counsel, U.S. Department of Transportation, Peter J. Plocki , Deputy Assistant General Counsel, and Joy Park , Trial Attorney, entered appearances.

Opinion for the Court filed by Chief Judge GARLAND.

GARLAND, Chief Judge:

The petitioners in this case are trucking companies, transportation intermediaries, and trade associations composed of such firms. They seek review of PowerPoint presentations that the Federal Motor Carrier Safety Administration posted on its website on May 16, 2012. The petitioners maintain that the PowerPoint presentations represent an "astonishing" change in agency policy, which the agency failed to subject to notice-and-comment rulemaking...

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