Department of Transportation v. Public Citizen

Supreme Court of the United States

Argued April 21, 2004
Decided June 7, 2004

Full case name

Department of Transportation, et al. v. Public Citizen, et al.

Citations

541 U.S. 752 (more)

Holding

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.

Court membership

Chief Justice William Rehnquist

Associate Justices John P. Stevens · Sandra Day O'Connor Antonin Scalia · Anthony Kennedy David Souter · Clarence Thomas Ruth Bader Ginsburg · Stephen Breyer

Case opinions

Majority

Thomas, joined by unanimous court

Department of Transportation v. Public Citizen, 541 U.S. 752 (2004), is a case argued in the Supreme Court of the United States on 21 April 2004. The question the case presented relates 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.

External links

Text of Department of Transportation v. Public Citizen, 541 U.S. 752 (2004) is available from: Findlaw Justia
Summary of case from OYEZ

United States environmental law

Supreme Court decisions	Missouri v. Holland (1920) Sierra Club v. Morton (1972) United States v. SCRAP (1973) Tennessee Valley Authority v. Hill (1978) Vermont Yankee v. NRDC (1978) Hughes v. Oklahoma (1979) Lujan v. Defenders of Wildlife (1992) United States v. Bestfoods (1998) Friends of the Earth v. Laidlaw Environmental Services (2000) SWANCC v. Army Corps of Engineers (2001) Department of Transportation v. Public Citizen (2004) Rapanos v. United States (2006) Massachusetts v. EPA (2007) National Ass'n of Home Builders v. Defenders of Wildlife (2007) Coeur Alaska, Inc. v. Southeast Alaska Conservation Council (2009)

Major federal legislation and treaties	Rivers and Harbors Act (1899) Lacey Act (1900) Weeks Act (1911) North Pacific Fur Seal Convention of 1911 (1911) Migratory Bird Treaty Act (1918) Fish and Wildlife Coordination Act (1934) Watershed Protection and Flood Prevention Act (1954) Clean Air Act (1963, 1970) National Environmental Policy Act (1970) Clean Water Act (1972) Federal Insecticide, Fungicide, and Rodenticide Act (1972) Noise Control Act (1972) Endangered Species Act (1973) Safe Drinking Water Act (1974) Resource Conservation and Recovery Act (1976) Toxic Substances Control Act (1976) Surface Mining Control and Reclamation Act (1977) CERCLA (Superfund) (1980) Emergency Planning and Community Right-to-Know Act (1986) Emergency Wetlands Resources Act (1986)

Federal agencies	Agency for Toxic Substances and Disease Registry Council on Environmental Quality Office of Surface Mining United States Environmental Protection Agency United States Fish and Wildlife Service

Regulations and concepts	Best available technology Citizen suit Discharge Monitoring Report Environmental crime Environmental impact statement Environmental justice National Ambient Air Quality Standards National Priorities List New Source Performance Standard Not-To-Exceed (NTE) Right to know Total maximum daily load Toxicity category rating

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Department of Transportation v. Public Citizen

See also

Further reading

External links