Legal Opinion

Association of American Railroads v. Department of Transportation

Court of Appeals for the D.C. Circuit

Decided December 28, 1999No. 99-1116PublishedCited by 18 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Acting without notice and comment, the Federal Railroad Administration issued a technical bulletin interpreting a safety regulation the agency had issued through formal rulemaking just two years earlier. Petitioner claims that the technical bulletin abruptly departed from the agency’s previous interpretation of the regulation and that it therefore required notice and comment rulemaking. We disagree. Reviewing the random and conflicting agency letters and other documents relied on by petitioner, we find no evidence of a…

2Cases cited4 opinions

  1. General Motors Corporation, a Delaware Corporation v. William D. Ruckelshaus, Administrator, United States Environmental Protection Agency, (3 Cases)Court of Appeals for the D.C. Circuit · 1984
  2. Syncor Intl Corp v. Shalala, Donna E.Court of Appeals for the D.C. Circuit · 1997
  3. Alaska Professional Hunters Ass'n v. Federal Aviation AdministrationCourt of Appeals for the D.C. Circuit · 1999
  4. Interport Inc v. Magaw, JohnCourt of Appeals for the D.C. Circuit · 1998

3Cited by18 opinions

  1. Honeywell International, Inc. v. Nuclear Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2010
  2. Fogo De Chao (Holdings) Inc. v. United States Department of Homeland SecurityCourt of Appeals for the D.C. Circuit · 2014
  3. Arizona v. ShalalaDistrict Court, District of Columbia · 2000
  4. LG Electronics U.S.A., Inc. v. United States Department of EnergyDistrict Court, District of Columbia · 2010
  5. MetWest Inc. v. Secretary of LaborCourt of Appeals for the D.C. Circuit · 2009

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