Center for Biological Diversity v. National Highway Traffic Safety Administration

Good Law
508 F.3d 508·2007 WL 3378240
United States Court of Appeals for the Ninth CircuitNovember 14, 200706-71891, 06-72317, 06-72641, 06-72694, 06-73807, 06-73826California50,734 words

Opinion

Opinion

B. FLETCHER, J.

Volume 1 of

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CENTER FOR BIOLOGICAL DIVERSITY, 

Petitioner, v.  No. 06-71891

NATIONAL HIGHWAY TRAFFIC

SAFETY ADMINISTRATION,

Respondent. 

PEOPLE OF THE STATE OF 

CALIFORNIA EX REL. BILL LOCKYER,

ATTORNEY GENERAL; STATE OF

CONNECTICUT; STATE OF MAINE;

COMMONWEALTH OF

MASSACHUSETTS; STATE OF NEW

JERSEY; STATE OF NEW MEXICO;

STATE OF NEW YORK; STATE OF

OREGON; STATE OF RHODE ISLAND; No. 06-72317 STATE OF VERMONT; DISTRICT OF  TRAN No. COLUMBIA; CITY OF NEW YORK, Reg. 17,566 Petitioners, v.

NATIONAL HIGHWAY TRAFFIC

SAFETY ADMINISTRATION, an agency within the UNITED STATES

DEPARTMENT OF TRANSPORTATION,

Respondents. 

14831 14832 CENTER FOR BIOLOGICAL DIVERSITY v. NHTSA

STATE OF MINNESOTA, 

Petitioner, v. No. 06-72641 NATIONAL HIGHWAY TRAFFIC  TRAN No. SAFETY ADMINISTRATION, an agency Energy Policy Act within the UNITED STATES

DEPARTMENT OF TRANSPORTATION,

Respondent. 

SIERRA CLUB; PUBLIC CITIZEN, INC., 

Petitioners, v. …

Concurrence in Part

Siler, J.

concurring in part and dissenting in part:

I concur in the conclusions by the majority on all points, with the exception of its conclusion in Section III.A.4. I would not find that the NHTSA acted arbitrarily or capriciously in failing to adopt a backstop for a minimum level of average fuel economy. The majority admits that the EPCA does not require NHTSA to adopt a backstop. We must realize that the arbitrary or capricious standard is one that grants an agency a significant amount of deference. Its failure to adopt this backstop was not an act which ignored factors that Congress required to be taken into account. Under those circumstances, when the EPCA did not require the adoption of a backstop, I would not find that NHTSA acted arbitrarily or capriciously by failing to do so.

Lead Opinion

Fletcher, J.

Eleven states, the District of Columbia, the City of New York, and four public interest organizations petition for review of a rule issued by the National Highway Traffic Safety Administration (NHTSA) entitled “Average Fuel Economy Standards for Light Trucks, Model Years 2008-2011,” 71 Fed.Reg. 17,566 (Apr. 6, 2006) (“Final Rule”) (codified at 49 C.F.R. pt. 533). Pursuant to the Energy Policy and Conservation Act of 1975 (EPCA), 49 U.S.C. §§ 32901-32919 (2007), the Final Rule sets corporate average fuel economy (CAFE) standards for light trucks, defined by NHTSA to include many Sport Utility Vehicles (SUVs), minivans, and pickup trucks, for Model Years (MYs) 2008-2011. For MYs 2008-2010, the Final Rule sets new CAFE standards using its traditional method, fleet-wide average (Unreformed CAFE). For MY 2011 and beyond, the Final Rule creates a new CAFE structure that sets varying fuel economy targets depending on vehicle size and requires manufacturers to meet different fuel economy levels depending on their vehicle fleet mix (Reformed CAFE).

Petitioners challenge the Final Rule under the EPCA and the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321-4347 (2007). 1…

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