Natural Resources Defense Coun v. National Highway Traffic Safet

Filing 1

PETITION FOR REVIEW OF AGENCY ORDER, on behalf of Petitioner Center for Biological Diversity, Natural Resources Defense Council and Sierra Club, FILED. [2119940] [17-2780] [Entered: 09/08/2017 10:46 AM]

Case No. __________
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
NATURAL RESOURCES DEFENSE COUNCIL, INC.; SIERRA CLUB; and
CENTER FOR BIOLOGICAL DIVERSITY,
Petitioners,
v.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION; JACK
DANIELSON, in his capacity as Acting Deputy Administrator of the
National Highway Traffic Safety Administration; the UNITED STATES
DEPARTMENT OF TRANSPORTATION; and ELAINE CHAO, in her
capacity as Secretary of the United States Department of Transportation
Respondents.
PETITION FOR REVIEW
of a final rule of the National Highway Traffic Safety Administration
Ian Fein
Irene Gutierrez
Michael Wall
Natural Resources Defense Council
111 Sutter St., 20th Floor
San Francisco, CA 94104
[phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Natural Resources
Defense Council

Dated: September 7, 2017

Joanne Spalding
Alejandra Núñez
Sierra Club
2101 Webster Street, Suite 1300
Oakland, CA 94612
[phone]
[e-mail]
[e-mail]
Counsel for Sierra Club
Vera Pardee
Center for Biological Diversity
1212 Broadway, Suite 800
Oakland, CA 94612
[phone]
[e-mail]
Counsel for Center for Biological
Diversity

PETITION FOR REVIEW
Pursuant to 49 U.S.C. § 32909, 5 U.S.C. § 702 et seq., and Rule 15 of
the Federal Rules of Appellate Procedure, the Natural Resources Defense
Council, Sierra Club, and Center for Biological Diversity hereby petition
this Court to review and set aside a final rule of the National Highway
Traffic Safety Administration indefinitely delaying the effective date of an
earlier final rule that increased the civil penalty rate for violations of
Corporate Average Fuel Economy standards. The challenged rule was
published in the Federal Register at 82 Fed. Reg. 32,139 (July 12, 2017).
A copy of the challenged final rule is attached as Exhibit A to this
petition.
Dated: September 7, 2017

Respectfully submitted,
/s/ Ian Fein
Ian Fein
Irene Gutierrez
Michael Wall
Natural Resources Defense Council
111 Sutter St., 21st Floor
San Francisco, CA 94104
[phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Petitioner Natural Resources
Defense Council

Joanne Spalding
Alejandra Núñez
Sierra Club
2101 Webster Street, Suite 1300
Oakland, CA 94612
[phone]
[e-mail]
[e-mail]
Counsel for Petitioner Sierra Club
Vera Pardee
Center for Biological Diversity
1212 Broadway, Suite 800
Oakland, CA 94612
[phone]
[e-mail]
Counsel for Petitioner Center for Biological
Diversity

2

FEDERAL RULE 26.1 CORPORATE DISCLOSURE STATEMENT
Petitioners Natural Resources Defense Council, Inc. (NRDC), Sierra
Club, and Center for Biological Diversity are non-profit organizations with
no parent corporation and no outstanding stock shares or other securities
in the hands of the public. NRDC, Sierra Club, and Center for Biological
Diversity do not have any parent, subsidiary, or affiliate that has issued
stock shares or other securities to the public. No publicly held corporation
owns any stock in NRDC, Sierra Club, or Center for Biological Diversity.

Dated: September 7, 2017

Respectfully submitted,

/s/ Ian Fein
Ian Fein
Irene Gutierrez
Michael Wall
Natural Resources Defense Council
111 Sutter St., 21st Floor
San Francisco, CA 94104
[phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Petitioner Natural Resources
Defense Council

Joanne Spalding
Alejandra Núñez
Sierra Club
2101 Webster Street, Suite 1300
Oakland, CA 94612
[phone]
[e-mail]
[e-mail]
Counsel for Petitioner Sierra Club
Vera Pardee
Center for Biological Diversity
1212 Broadway, Suite 800
Oakland, CA 94612
[phone]
[e-mail]
Counsel for Petitioner Center for Biological
Diversity

2

CERTIFICATE OF SERVICE
I hereby certify that I caused the foregoing Petition for Review, the
exhibit thereto, and the Federal Rule 26.1 Corporate Disclosure Statement
to be served by certified mail upon the following:
Office of the Chief Counsel
National Highway Traffic Safety Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Acting Deputy Administrator Jack Danielson
National Highway Traffic Safety Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Office of the General Counsel
U.S. Department of Transportation
1200 New Jersey Avenue, SE
Washington, DC 20590
Secretary Elaine Chao
U.S. Department of Transportation
1200 New Jersey Avenue, SE
Washington, DC 20590
Jefferson Sessions III
United States Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530

Dated: September 7, 2017

/s/ Ian Fein
Ian Fein