Legal Opinion
The Florilli Corporation v. Frederico Pena, Secretary of Transportation United States Department of Transportation Federal Highway Administration
Court of Appeals for the Eighth Circuit
Decided June 26, 1997No. 96-2507PublishedCited by 3 opinions
1Opinion of the Court
HEANEY, Circuit Judge.
The Florilli Corporation (“Florilli”) challenges the validity of the “unsatisfactory” motor-carrier rating it received from the Federal Highway Administration (“FHWA”). Florilli asserts that its rating is invalid because the FHWA failed to follow notice and comment requirements in establishing the criteria by which the FHWA determines a earner’s rating. Because Florilli failed to bring its challenge to the procedural genesis of the FHWA’s rules in a timely manner, we dismiss Florilli’s request for relief.
I
On April 22, 1994, the FHWA conducted a motor-carrier safety audit…
2Cases cited5 opinions
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- Jem Broadcasting Company, Inc. v. Federal Communications Commission, Gayla Joy Hendren, IntervenorCourt of Appeals for the D.C. Circuit · 1994
- Asphalt Roofing Manufacturers Ass'n v. Interstate Commerce CommissionCourt of Appeals for the D.C. Circuit · 1977
- North American Savings Ass'n v. Federal Home Loan Bank BoardCourt of Appeals for the Eighth Circuit · 1985
- United States Department of Agriculture v. Jack Kelly and Erma KellyCourt of Appeals for the Eighth Circuit · 1994
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