OWNER OPERATOR INDEP. DRIV. v. PENNSYLVANIA TURNP.

No. 19-1775.

934 F.3d 283 (2019)

OWNER OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC.; National Motorist Association; Marion L. Spray; B.L. Reever Transport, Inc.; Flat Rock Transportation, LLC; Milligan Trucking, Inc.*; Frank Scavo; Laurence G. Tarr, Appellants, v. PENNSYLVANIA TURNPIKE COMMISSION; Leslie S. Richards, in her individual capacity and her official capacities as Chair of the PTC and Secretary of the Department of Transportation; William K. Lieberman, in his individual capacity and his official capacity as Vice Chair of the PTC; Barry T. Drew, in his individual capacity and his official capacity as Secretary-Treasurer of the PTC; Pasquale T. Deon, Sr., in his individual capacity and his official capacity as Commissioner of the PTC; John N. Wozniak, in his individual capacity and his official capacity as Commissioner of the PTC; Mark P. Compton, in his individual capacity and his official capacity as Chief Executive Officer of the PTC; Craig R. Shuey, in his individual capacity and his official capacity as Chief Operating Officer of the PTC; Tom Wolf, Governor of the Commonwealth of Pennsylvania, in his individual capacity and his official capacity as Governor *(Amended as per the Clerk's 04/25/19 Order).

United States Court of Appeals, Third Circuit.

Filed: August 13, 2019.


Attorney(s) appearing for the Case

Melissa A. Chapaska , Kevin J. McKeon , Dennis Whitaker , Hawke McKeon & Sniscak, 100 North Tenth Street, P.O. Box 1778, Harrisburg, PA 17101, Paul D. Cullen, Jr. , Paul D. Cullen, Sr. [ARGUED], Kathleen B. Havener , The Cullen Law Firm, 1101 30th Street, N.W., Suite 300, Washington, DC 20007, Counsel for Appellants Owner Operator Independent Drivers Association, Inc., National Motorist Association, Marion L. Spray, B.L. Reever Transport Inc., Flat Rock Transportation LLC, Milligan Trucking Inc., Frank Scavo, and Laurence G. Tarr.

Robert L. Byer [ARGUED], Leah A. Mintz , Lawrence H. Pockers , Brian J. Slipakoff , Duane Morris, 30 South 17th Street, United Plaza, Philadelphia, PA 19103, Counsel for Appellees Pennsylvania Turnpike Commission; Leslie S. Richards, in her individual capacity and her official capacities as Chair of the PTC and Secretary of the Department of Transportation; William K. Lieberman, in his individual capacity and his official capacity as Vice Chair of the PTC; Barry Drew, in his individual capacity and his official capacity as Secretary-Treasurer of the PTC; Pasquale T. Deon, Sr., in his individual capacity and his official capacity as Commissioner of the PTC; John N. Wozniak, in his individual capacity and his official capacity as Commissioner of the PTC; Mark P. Compton, in his individual capacity and his official capacity as Chief Executive Officer of the PTC; and Craig R. Shuey, in his individual capacity and his official capacity as Chief Operating Officer of the PTC.

Arleigh P. Helfer, III , Bruce P. Merenstein [ARGUED], Schnader Harrison Segal & Lewis, 1600 Market Street, Suite 3600, Philadelphia, PA 19103 Counsel for Appellees Leslie S. Richards, in her individual capacity and her official capacities as Chair of the PTC and Secretary of the Department of Transportation, and Tom Wolf, Governor of the Commonwealth of Pennsylvania, in his individual capacity and his official capacity as Governor.

Alex M. Lacey , Robert M. Linn , Robyn A. Shelton , Cohen & Grigsby, 625 Liberty Avenue, 5th Floor, Pittsburgh, PA 15222, Counsel for Appellee William K. Lieberman, in his individual capacity and his official capacity as Vice Chair of the PTC.

Matthew H. Haverstick , Shohin H. Vance , Kleinbard, Three Logan Square, 1717 Arch Street, 5th Floor, Philadelphia, PA 19103, Counsel for Appellee Craig R. Shuey, in his individual capacity and his official capacity as Chief Operating Officer of the PTC.

Thomas M. Fisher , Office of Attorney General of Indiana, 302 West Washington Street, Indianapolis, IN 46204, Counsel for Amicus Curiae the State of Indiana.

Miguel A. Estrada , Gibson Dunn & Crutcher, 1050 Connecticut Avenue, N.W., Washington, DC 20036, Counsel for Amicus Curiae ITR Concession Company LLC.

Before: SHWARTZ, KRAUSE, and FUENTES, Circuit Judges.


OPINION

Plaintiffs are individuals and members of groups who pay tolls to travel on the Pennsylvania Turnpike.1 They allege that Pennsylvania state entities and officials ("Defendants") have violated the dormant Commerce Clause and their right...

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