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Multistar Industries, Inc. v. U.S. Department of Transportation

ELR Citation: 43 ELR 20030
Nos. 12-73138, -73485, (9th Cir., 02/07/2013)

The Ninth Circuit upheld DOT's decision ordering a hazardous waste motor carrier to cease operations following an unsatisfactory safety rating. The carrier argued that the unsatisfactory safety rating on which the cessation order was based was premised on the misapplication of certain safety regulations. Specifically, it challenged two violation findings. But because there is no final agency action with respect to those violations, the court cannot reach the merits of its challenge. And even if those violations were removed, the carrier would have still received an unsatisfactory safety rating based on other violations. The carrier also claimed that the agency violated its due process rights by denying the carrier's petition for administrative review without providing a substantive response to some of the carrier's challenges. But because those challenges, even if correct, could not have affected DOT's final action, the agency was not obligated to reach their merits.