With Tuesday being the day oral arguments are scheduled to be held in case 07-73415 (Sierra Club v FMCSA) some interesting information surfaced about the Court this case is assigned to. The 9th Circuit Court of Appeals has the most decisions overturned of any Court in the Federal Judiciary. Of course, this can work to both sides benefit. If FMCSA wins this round, it is likely the Plaintiff’s will appeal and vice versa. Although there is no guarantee that the Supreme Court would accept the appeal. This article by Brian T. Fitzpatrick, BRIAN T. FITZPATRICK, a professor at Vanderbilt Law ….Read More
SAN FRANCISCO – The Department of Transportation on Monday filed its response to petitions seeking to halt the NAFTA cross-border trucking demonstration program with Mexico. In its response, DOT basically argues that neither the Owner-Operator Independent Drivers Association (OOIDA) nor the Sierra Club — lead petitioners in the consolidated actions — demonstrates “the injury in fact” or “the particularized harm” necessary for Article III standing and federal court intervention. It was filed here with the U.S. Court of Appeals for the Ninth Circuit.
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