Natural Resources Defense Council v. National Highway Traffic Safety Admin., No. 17-2780 (2d Cir. 2018)Annotate this Case
The Second Circuit granted consolidated petitions for review of a final rule published by the National Highway Traffic Safety Administration indefinitely delaying a previously published rule increasing civil penalties for noncompliance with Corporate Average Fuel Economy standards. The court held that the agency lacked statutory authority to indefinitely delay the effective date of the rule. Furthermore, the agency, in promulgating the rule, failed to comply with the requirements of notice and comment rulemaking pursuant to the Administrative Procedure Act. Accordingly, the court vacated the rule.