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OWNER-OPERATOR INDEP. DRIVERS ASS'N v. U.S. DOT

No. 16-4159.

878 F.3d 1099 (2018)

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, also known as OOIDA; Scott Mitchell, Petitioners v. UNITED STATES DEPARTMENT OF TRANSPORTATION; Federal Motor Carrier Safety Administration; United States of America, Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: January 5, 2018.

Attorney(s) appearing for the Case

Paul D. Cullen, Jr. , Paul Damien Cullen, Sr. , Joyce E. Mayers , CULLEN LAW FIRM, Washington, DC, for Petitioners.

Matthew M. Collette , Sushma Soni , U.S. DEPARTMENT OF JUSTICE, Civil Division, Appellate Staff, Washington, DC, T. F. Scott Darling, III , FEDERAL MOTOR CARRIER ADMINISTRATION, Office of Chief Counsel, Washington, DC, Anthony Foxx , U.S. DEPARTMENT OF TRANSPORTATION, Office of the Secretary, Washington, DC, Loretta E. Lynch , U.S. DEPARTMENT OF JUSTICE, Office of the Attorney General, Washington, DC, for Respondents.

Before BENTON, SHEPHERD, and KELLY, Circuit Judges.

Anyone who has undergone sleep apnea testing knows it is expensive, time-consuming, and unpleasant. Owner-Operator Independent Drivers Association, Inc. ("OOIDA") and Scott Mitchell (a member of OOIDA) allege that a new administrative rule means that OOIDA members are being subjected to more of these onerous tests, which...

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