Legal Opinion
Public Citizen Inc. v. Mineta
Court of Appeals for the Ninth Circuit
Decided September 15, 2003No. 02-70303PublishedCited by 9 opinions
1Opinion of the Court
OPINION
PAEZ, Circuit Judge.
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 not been “issued” until it has been filed with the Office of the Federal Register and thus made available for public inspection. Although we conclude that the Petition for Review in this case was timely under the 59-day rule, for the reasons recounted below, we lack jurisdiction and…
2Cases cited21 opinions
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
- Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
- Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
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3Cited by9 opinions
- Gregorio Perez-Gonzalez v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Seifert v. WinterDistrict Court, District of Columbia · 2008
- United States v. RauppCourt of Appeals for the Seventh Circuit · 2012
- Public Citizen Inc. v. MinetaCourt of Appeals for the Ninth Circuit · 2003
- Alaska Trojan Partnership v. GutierrezCourt of Appeals for the Ninth Circuit · 2005
4 more not listed; retrieve them via the Exa API.