CENTER FOR AUTO SAFETY v. DOLE

No. 86-5436.

846 F.2d 1532 (1988)

CENTER FOR AUTO SAFETY, et al., Appellants, v. Elizabeth H. DOLE, Secretary, Department of Transportation, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 24, 1988.


Attorney(s) appearing for the Case

Howard A. Heffron, with whom Clarence M. Ditlow III, Mary H. Dunlap and Evan W. Johnson, Washington, D.C., were on the brief for appellants. Messrs. Heffron, Ditlow and Johnson were on the supplemental brief on rehearing.

David W. Allen, Asst. Chief Counsel, Nat. Highway Traffic Safety Admin., Richard K. Willard, Asst. Atty. Gen. at the time of filing, Douglas Letter, Appellate Litigation Counsel, Dept. of Justice, Erika Z. Jones, Chief Counsel, Enid Rubenstein and Eileen T. Leahy, Attys., Nat. Highway Traffic Safety Admin., Washington, D.C., were on the brief for appellees. James M. Spears, Acting Asst. Atty. Gen., Allen, Letter and Jeffrey Clair, Atty., U.S. Dept. of Justice, and Jones, Leahy "and Rubenstein", Washington, D.C., were on the petition for rehearing and the supplemental brief on rehearing.

Before WALD, Chief Judge, MIKVA and EDWARDS, Circuit Judges.


Opinion PER CURIAM.

Dissenting opinion filed by Chief Judge WALD.

PER CURIAM:

This case concerns the reviewability of the Secretary of Transportation's decision (through the Administrator of the National Highway Traffic Safety Administration) ("NHTSA") not to reopen an investigation into alleged safety defects in Ford automobiles built between 1966 and 1979. The relevant statute provides that "[a]ny interested...

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