National Wildlife Federation v. John W. Snow, in His Official Capacity as Administrator, Federal Highway Administration

LEVENTHAL, Circuit Judge:

Appellant National Wildlife Federation brought this case to challenge two Federal Highway Administration regulations governing the number and timing of public hearings on federally assisted highways.1 Appellant alleged that the regulations should have been promulgated in accordance with the notice and comment rulemak-ing requirements of the Administrative Procedure Act2 (APA). The District Court *229held that the challenged regulations were exempt from those requirements. We affirm that ruling. Appellant also alleged that the regulation permitting advance acquisition of…