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Administrative Law Keyed to Lawson
Center For Auto Safety v. Federal Highway Administration
Facts
The Secretary of Transportation delegated his responsibility under Title 23 USC Section:151 to establish “national bridge inspection standards” to the FHA. The FHA initially required bridge inspections every two years, but then amended the regulations to authorize less frequent inspections in limited circumstances, and to require the inspection of bridges’ underwater support every five years. The Appellants sought injunction and declaratory relief in the District Court, claiming that the availability of exemptions from the general two-year inspection rule violated Section:151(b)(2); and that both the exemption provision and the five-year rule were promulgated arbitrarily and capriciously. The District Court granted summary judgment to the agency.
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