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SCOTUS Case

Department of Transportation v. Public Citizen

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2004 United States Supreme Court case

Department of Transportation v. Public Citizen, 541 U.S. 752 (2004), is a Supreme Court of the United States case in which the court held that, because FMCSA lacks discretion to prevent cross-border operations of Mexican motor carriers, neither NEPA nor the CAA requires FMCSA to evaluate the environmental effects of such operations. The case was argued on 21 April 2004. The question the case presented related to presidential foreign affairs and foreign trade actions exempt from environmental-review requirements under the National Environmental Policy Act and the Clean Air Act . Specifically, the question is whether those actions are subject to those requirements as a result of a rulemaking action concerning motor carrier safety by the federal agency with responsibility for that type of safety.

See also

[(https://en.wikipedia.org/w/index.php?title=Department_of_Transportation_v._Public_Citizen&action=edit&section=1 "Edit section: See also")
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Further reading

[(https://en.wikipedia.org/w/index.php?title=Department_of_Transportation_v._Public_Citizen&action=edit&section=2 "Edit section: Further reading")
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  • Logan, Melissa (2004). "EPA & NAFTA: Tensions Rise When Trade with Mexico Threatens United States' Environmental Regulations". Journal of Natural Resources & Environmental Law. 19: 107. ISSN  1070-4833 .
  • MacMillan, Jeannette (2005). "An International Dispute Reveals Weaknesses in Domestic Environmental Law: NAFTA, NEPA, and the Case of Mexican Trucks". Ecology Law Quarterly. 32: 491. ISSN  0046-1121 .
  • Miller, Joseph (2004). "United States Department of Transportation v. Public Citizen" (PDF). Harvard Environmental Law Review. 28 (2): 593–604.

External links

[(https://en.wikipedia.org/w/index.php?title=Department_of_Transportation_v._Public_Citizen&action=edit&section=3 "Edit section: External links")
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