NRDC v. NAT. HIGHWAY TRAFFIC SAFETY ADMIN.

Docket Nos. 17-2780 (L), 17-2806 (con) August Term, 2017.

894 F.3d 95 (2018)

NATURAL RESOURCES DEFENSE COUNCIL, Sierra Club, Center for Biological Diversity, State of California, State of Maryland, State of New York, State of Pennsylvania, State of Vermont, Petitioners, v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, Jack Danielson, in his capacity as Acting Deputy Administrator of the National Highway Traffic Safety Administration, United States Department of Transportation, Elaine Chao, in her capacity as Secretary of the United States Department of Transportation, Respondents, Association of Global Automakers, Alliance of Automobile Manufacturers, Inc., Intervenors.

United States Court of Appeals, Second Circuit.

Decided: June 29, 2018.


Attorney(s) appearing for the Case

IAN FEIN ( Irene Gutierrez , Michael E. Wall , on the brief), Natural Resources Defense Council, San Francisco, CA, for Environmental Petitioners Natural Resources Defense Council, Sierra Club, and Center for Biological Diversity.

STEVEN C. WU , Deputy Solicitor General ( David S. Frankel , Barbara D. Underwood, Monica Wagner , on the brief), for Barbara D. Underwood , Attorney General, State of New York, New York, N.Y., for State Petitioner State of New York.

David Zaft , Deputy Attorney General ( David A. Zonana , on the brief), for Xavier Becerra , Attorney General, State of California, Los Angeles, CA, for State Petitioner State of California.

Kyle H. Landis-Marinello , Assistant Attorney General, for Thomas J. Donovan, Jr. , Attorney General, State of Vermont, Montpelier, VT, for State Petitioner State of Vermont.

Jonathan Scott Goldman , Executive Deputy Attorney General, for Josh Shapiro , Attorney General, Commonwealth of Pennsylvania, Harrisburg, PA, for State Petitioner Commonwealth of Pennsylvania.

Steven M. Sullivan , Solicitor General, for Brian E. Frosh , Attorney General, State of Maryland, Baltimore, MD, for State Petitioner State of Maryland.

H. THOMAS BYRON III ( Chad A. Readler , Mark B. Stern , Steven G. Bradbury , Paul M. Geier , Jonathan Morrison , and Emily Su , on the brief), Washington, D.C. for Respondents.

Erika Z. Jones ( Matthew A. Waring , on the brief), Mayer Brown LLP, Washington, D.C. for Intervenor Alliance of Automobile Manufacturers, Inc.

Ashley C. Parrish ( Justin A. Torres , Jacqueline Glassman , on the brief), King & Spalding LLP, Washington, D.C. for Intervenor The Association of Global Automakers.

Richard L. Revesz ( Bethany A. Davis Noll , Jason Schwartz , on the brief), New York, N.Y. for The Institute for Policy Integrity at New York University School of Law as Amicus Curiae in support of Petitioners.

Before: WINTER, POOLER, and PARKER, Circuit Judges.


Congress frequently passes statutes that either permit or require agencies to assess monetary penalties against parties who fail to comply with the law. After the bill is passed, however, the initial dollar amount of the penalty often remains unchanged. Due to inflation, this stasis in the law has the practical...

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