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Natural Resources Defense Council v. National Highway Traffic Safety Administration

ELR Citation: 48 ELR 20109
Nos. 17-2780, (2d Cir., 06/29/2018)

The Second Circuit vacated a rule published by the National Highway Traffic Safety Administration indefinitely delaying a previously published rule that increased civil penalties for noncompliance with Corporate Average Fuel Economy standards. Environmental groups argued that the agency violated proper rulemaking procedures and exceeded its statutory authority in indefinitely delaying a rule implemented pursuant to clear congressional directive under the Federal Civil Penalties Inflation Adjustment Act Improvements Act. The appellate court agreed, finding that the agency lacked statutory authority to indefinitely delay the effective date of the rule and violated the APA in promulgating the rule without undertaking notice-and-comment rulemaking. The court therefore vacated the rule.