Description: Challenge to delay of effective date for rule increasing civil penalties for violations of CAFE standards.
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Natural Resources Defense Council, Inc. v. National Highway Traffic Safety Administration
Case Documents:
Filing Date Type File Action Taken Summary 06/29/2018 Opinion Download Opinion issued in support of order granting petition for review and vacating delay rule. Second Circuit Issued Opinion with Rationale for Vacating Rule That Delayed Penalty Increases for Violations of CAFE Standards. The Second Circuit Court of Appeals issued an opinion explaining the rationale for its April 2018 order vacating a National Highway Traffic Safety Administration (NHTSA) rule that indefinitely delayed a previously published rule that increased civil penalties for noncompliance with Corporate Average Fuel Economy (CAFE) standards. The court found that the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015 did not give NHTSA authority to indefinitely delay adjustments to civil penalties and that NHTSA did not otherwise have authority to suspend the penalty increase rule. The Second Circuit also held that NHTSA violated the Administrative Procedure Act by failing to follow notice-and-comment rulemaking procedures when it adopted the delay rule. As a threshold matter, the Second Circuit also concluded that both the state petitioners and the environmental petitioners had standing. The Second Circuit also rejected the argument that the proceedings were untimely, finding that under the applicable Energy Policy and Conservation Act judicial review provision, the time for filing petitions for review was triggered by publication in the Federal Register, not by NHTSA’s delivery of the agency action to the Office of the Federal Register. 04/23/2018 Order Download Petitions for review granted. Second Circuit Vacated Rule Delaying Increased Penalties for Violations of Fuel Efficiency Standards. In a one-page order, the Second Circuit Court of Appeals granted petitions from environmental groups and five states challenging the Trump administration’s rule delaying the effective date for regulations that increase penalties for violations of vehicle fuel efficiency standards. The court vacated the delay rule and indicated that an opinion would follow “in due course.” 12/01/2017 Reply Download Reply filed by NRDC et al. in support of summary vacatur or, in the alternative, stay pending review. 12/01/2017 Reply Download Reply filed in support of states' motion for summary vacatur or, in the alternative, for stay pending judicial review. 11/17/2017 Opposition Download Opposition filed by respondents to motions for summary vacatur or to stay. 11/17/2017 Response Download Response filed by proposed intervenor Association of Global Automakers to petitioners' motions for summary reversal or to stay. 11/17/2017 Response Download Response filed by proposed intervenor Alliance of Automobile Manufacturers, Inc. to petitioners' motions for summary vacatur or to stay. 10/24/2017 Motion Download Motion for summary vacatur filed. States and Environmental Groups Asked Second Circuit to Vacate or Stay Delay in Penalty Increases for Vehicle Standard Violations. States and environmental groups asked the Second Circuit Court of Appeals for summary vacatur of the National Highway Traffic Safety Administration’s (NHTSA’s) indefinite delay of a rule increasing civil penalties for violations of fuel economy standards. The states and environmental groups contended that summary vacatur was warranted because NHTSA lacked authority to delay the rule’s effective date and failed to comply with the Administrative Procedure Act’s notice and comment requirements. Alternatively, the states and environmental groups asked the D.C. Circuit to stay the delay pending judicial review. 09/07/2017 Petition for Review Download Petition for review filed. Environmental Groups and States Challenged Indefinite Delay of Increase in Civil Penalties for CAFE Standard Violations. Two petitions for review were filed in the Second Circuit Court of Appeals seeking to set aside the National Highway Traffic Safety Administration’s decision to indefinitely delay the effective date of a final rule increasing the civil penalty rate for violations of the Corporate Average Fuel Economy (CAFE) standards. Petitioners in one proceeding were the Natural Resources Defense Council and two other environmental groups. Petitioners in the other proceeding were the State of New York and four other states. The petitions were filed pursuant to the Energy Policy and Conservation Act. -
New York v. National Highway Traffic Safety Administration
Case Documents:
Filing Date Type File Action Taken Summary 12/01/2017 Reply Download Reply filed in support of states' motion for summary vacatur or, in the alternative, for stay pending judicial review. 10/24/2017 Motion Download Motion for summary vacatur filed. 09/08/2017 Petition for Review Download Petition for review filed.