Koopmann v. U.S. Dep't of Transp.

JESSE M. FURMAN, United States District Judge

The United States Department of Transportation ("USDOT"), like most federal agencies, has enacted a set of regulations-known as " Touhy regulations" after the Supreme Court case that spawned them-governing when its employees may be called by private parties to testify in court. On their face, USDOT's regulations apply to both "current" and "former" employees. The principal question is this case is whether application of the regulations to "former" employees is lawful, as the statute pursuant to which the regulations were enacted-the Housekeeping…