International Brotherhood of Teamsters v. USDOT, No. 15-70754 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit denied petitions for review of the FMCSA's statutory authority to issue permits for U.S. long-haul operations to Mexico-domiciled trucking companies. The panel held that the Teamsters and the Drivers Association have constitutional standing; the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007 encompasses the Teamsters' and the Drivers Association's claims; and the Teamsters and the Drivers Association also have third-party organizational standing. The panel also held that the grant of a long-haul operating permit to a Mexico-domiciled carrier and the denial of the Teamsters' challenge to that grant were final agency actions; the panel has Hobbs Act jurisdiction over the petition for review of the decision to grant Trajosa a permit; whether to grant long-haul authority based on the results of the pilot program was "committed to agency discretion by law" and was thus unreviewable; and therefore the panel may not review the FMCSA's decision to grant Trajosa an operating permit.
Court Description: Agency. The panel denied petitions for review challenging the Federal Motor Carrier Safety Administration’s (“FMCSA”) statutory authority to issue permits for U.S. long-haul operations to Mexico-domiciled trucking companies. The panel held that the International Brotherhood of Teamsters and Intervenor Owner-Operator Independent Drivers Association, Inc. had Article III constitutional standing to challenge the FMSCA’s approval of Mexico- domiciled carriers. The panel further held that the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and
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