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Department of Transportation v. Public Citizen

Docket No.: 03-358
Certiorari Granted: Dec 15 2003
Argued: April 21, 2004
Decided: June 7, 2004

Topics:

National Environmental Policy, Economic Activity, Natural Resources, ADA, Clean Air Act, EPA, Environmental Protection Agency, Federal Motor Carrier Safety Administration, Natural Resources, abuse of discretion, habeas, habeas corpus, judicial review, rule of reason

PartyNames: Department of Transportation, et al. v. Public Citizen, et al.
Petitioner: Department of Transportation, et al.
Respondent: Public Citizen, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CA 9, 316 F.3d 1002 QUESTION PRESENTED Whether a presidential foreign-affairs action that is otherwise exempt fromenvironmental-review requirements under the National Environmental Policy Act, 42 U.S.C. 4321 et seq., and Cl ean Air Act, 42 U.S.C. 7506(c)(1),became subject to those requirements because an executive agency promulgated administrative rules concerning implementation of the President's action.
Supreme Court Docket

Department of Transportation, et al.
v.
Public Citizen, et al.
541 U.S. 752 (2004)
Question:

Should the Federal Motor Carrier Safety Administration, knowing that its passage of certain regulations would cause Congress and the President to lift a ban on Mexican motor carriers, have considered the environmental impact of the motor carriers when determining whether to perform an Environmental Impact Study of its regulations?

Note:

. CA 9, 316 F.3d 1002 QUESTION PRESENTED Whether a presidential foreign-affairs action that is otherwise exempt fromenvironmental-review requirements under the National Environmental Policy Act, 42 U.S.C. 4321 et seq., and Cl ean Air Act, 42 U.S.C. 7506(c)(1),became subject to those requirements because an executive agency promulgated administrative rules concerning implementation of the President's action. CERT. GRANTED: 12/15/03

Department of Transportation v. Public Citizen
ORAL ARGUMENT

April 21, 2004

Holding: reversed and remanded
Decision: Decision: 9 votes for Department of Transportation, 0 vote(s) against
Vote: 9-0
Opinion By: Justice Clarence Thomas
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