Caroline D. Lopez , Attorney, Appellate Staff Civil Division, U.S. Department of Justice, with whom Kathryn B. Thomson , General Counsel, Department of Transportation, Paul M. Geier , Assistant General Counsel for Litigation, Peter J. Plocki , Deputy Assistant General Counsel for Litigation and Enforcement, Joy K. Park , Senior Trial Attorney, with whom Charles J. Fromm , Acting Chief Counsel, and Debra S. Straus , Senior Attorney, Federal Motor Carrier Safety Administration, Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Carmen M. Ortiz , United States Attorney, for the District of Massachusetts, and Matthew M. Collette , Attorney, Appellate Staff Civil Division, U.S. Department of Justice, were on brief for appellee.
Before Lynch, Stahl, and Thompson, Circuit Judges
STAHL, Circuit Judge.
As part of its regulatory mandate to maintain and enhance safety on the nation's highways, the Federal Motor Carrier Safety Administration (FMCSA) maintains a database of inspection history and safety records pertaining to commercial motor vehicle operators. These reports, which are provided to the agency by individual states...
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