Public Citizen Inc. v. Mineta

343 F.3d 1159 PUBLIC CITIZEN INC.; Center for Auto Safety; The Trauma Foundation; Andrew McGuire; Jane Kelly; Ralf Hotchkiss, Petitioners, Automotive Occupant Restraints Council, Intervenors, v. Norman Y. MINETA, Respondent, Alliance of Automobile Manufacturers, Inc., Intervenors. No. 02-70303. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 9, 2003 — Seattle, Washington. Filed September 15, 2003. COPYRIGHT MATERIAL OMITTED Michael Tankersley, Washington, D.C., argued the case for the petitioners. H. Thomas Byron III, DOJ, Washington, D.C., argued the case for the respondent. Erika Z. Jones, Washington, D.C., argued the case for the respondent-intervenors. On Petition for Review of an Order of the Department of Transportation, NHTSA. TRAN No. 49 CFR. Before: Thomas M. REAVLEY, * A. Wallace Tashima, and PAEZ Richard A. Paez, Circuit Judges. OPINION PAEZ, Circuit Judge. 1 This case presents the novel question of when an order promulgating a regulation of the National Highway Traffic Safety Administration ("NHTSA") has been "issued" for the purposes of calculating the 59-day period in which a petition for review must be filed. We hold that an order has…