Description: Challenge to delay of effective date for rule increasing civil penalties for violations of CAFE standards.
Natural Resources Defense Council, Inc. v. National Highway Traffic Safety Administration
Filing Date Type File Action Taken Summary 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