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Administrative Law Keyed to Cass
Natural Resources Defense Council v. National Highway Traffic Safety Administration
Citation:
894 F.3d 95 (2018)Facts
Congress passed the Improvements Act in 2015 requiring all federal agencies to adjust civil penalties for inflation by July 1, 2016, using a specified formula and through interim final rulemaking. NHTSA complied initially by raising CAFE penalties from $5.50 to $14 per tenth of a mile per gallon in July 2016. However, following petitions from automobile manufacturers and industry groups, NHTSA published a final rule in December 2016 delaying implementation until model year 2019. After a regulatory freeze memorandum in January 2017, NHTSA issued successive delays and ultimately published the Suspension Rule on July 12, 2017, indefinitely postponing the penalty increase pending reconsideration. Environmental organizations and several states challenged this action as exceeding NHTSA’s statutory authority and violating APA procedural requirements.
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