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PUBLIC CITIZEN v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

Nos. 05-1188, 05-1265, 05-1294, 05-1309, 05-1391.

489 F.3d 1279 (2007)

PUBLIC CITIZEN, INC., et al., Petitioners v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, et al., Respondents Alliance of Automobile Manufacturers, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 2007.

Attorney(s) appearing for the Case

Marc D. Machlin argued the cause for petitioners. With him on the briefs were Charles H. Carpenter, Peter H. Gunst, Brian Wolfman, and Allison M. Zieve. Christopher J. Huber entered an appearance.

H. Thomas Byron, III, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Peter D. Keisler, Assistant Attorney General, Douglas N. Letter, Attorney, Paul M. Geier, Assistant General Counsel, National Highway Traffic Safety Administration, and Lloyd S. Guerci, Assistant Chief Counsel.

Erika Z. Jones argued the cause for intervenor Alliance of Automobile Manufacturers in support of respondents. With her on the brief were Adam C. Sloane, John T. Whatley and Nancy Elizabeth Bell.

Before: SENTELLE, RANDOLPH and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge KAVANAUGH, in which Circuit Judge RANDOLPH joins.

Opinion concurring in part and dissenting in part filed by Circuit Judge SENTELLE.

KAVANAUGH, Circuit Judge.

In a hurry as they tend to the responsibilities of work and family, many American drivers do not regularly check the tire pressure on their cars. This can cause problems for the drivers and their passengers—and for others on the road—...

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