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Administrative Law Keyed to Mawshaw
Center for Auto Safety v. National Highway Traffic Safety Administration
Citation:
452 F.3d 798 (2006)Facts
Beginning in the mid-1980s, automakers began conducting “regional recalls” where they limited notification and free remedies to vehicle owners in regions experiencing specific climatic conditions that caused safety-related defects. In 1997, NHTSA expressed concerns about this practice in letters to automakers. In 1998, NHTSA issued policy guidelines outlining when regional recalls might be appropriate. The guidelines distinguished between defects resulting from short-term exposure to environmental conditions (generally not appropriate for regional recalls) and those resulting from long-term exposure (potentially appropriate for regional recalls if certain conditions were met). The guidelines also specified that regional recalls related to road salt corrosion must include at least 20 states and the District of Columbia. In 2002, Center for Auto Safety criticized NHTSA’s policy of approving regional recalls. After receiving an unsatisfactory response, CAS and Public Citizen filed suit challenging the 1998 policy guidelines as a de facto legislative rule that violated the Safety Act and was issued without proper notice-and-comment procedures.
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