Department of Transportation v. Public Citizen
| Department of Transportation v. Public Citizen | |
|---|---|
 | |
| Argued April 21, 2004 Decided June 7, 2004 | |
| Full case name | Department of Transportation, et al. v. Public Citizen, et al. |
| Citations | 541 U.S. 752 (more) 124 S. Ct. 2204; 159 L. Ed. 2d 60 |
| Argument | Oral argument |
| Case history | |
| Prior | Public Citizen v. DOT, 316 F.3d 1002 (9th Cir. 2003); cert. granted, 540 U.S. 1088 (2003). |
| Holding | |
| Because FMCSA lacks discretion to prevent cross-border operations of Mexican motor carriers, neither NEPA nor the CAA requires FMCSA to evaluate the environmental effects of such operations. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Thomas, joined by unanimous |
Department of Transportation v. Public Citizen, 541 U.S. 752 (2004), is a case argued in the Supreme Court of the United States on 21 April 2004. The question the case presented relates to Presidential foreign affairs and foreign trade actions exempt from environmental-review requirements under the National Environmental Policy Act and the Clean Air Act. Specifically, the question is whether those actions are subject to those requirements as a result of a rulemaking action concerning motor carrier safety by the federal agency with responsibility for that type of safety.
See also
[edit]Further reading
[edit]- Logan, Melissa (2004). "EPA & NAFTA: Tensions Rise When Trade with Mexico Threatens United States' Environmental Regulations". Journal of Natural Resources & Environmental Law. 19: 107. ISSN 1070-4833.
- MacMillan, Jeannette (2005). "An International Dispute Reveals Weaknesses in Domestic Environmental Law: NAFTA, NEPA, and the Case of Mexican Trucks". Ecology Law Quarterly. 32: 491. ISSN 0046-1121.
- Miller, Joseph (2004). "United States Department of Transportation v. Public Citizen" (PDF). Harvard Environmental Law Review. 28 (2): 593–604.
External links
[edit]- Text of Department of Transportation v. Public Citizen, 541 U.S. 752 (2004) is available from: Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
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