CENTER FOR AUTO SAFETY V. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
452 F.2d 798 (D.C.Cir. 2006)
NATURE OF THE CASE: Center (Ps) filed a lawsuit against NHTSA’s (D) challenging the
regulatory position of D with respect to regional auto recalls.
FACTS: Beginning in the mid-1980s, automakers began initiating voluntary recalls on a
geographically limited basis when a defect or noncompliance was caused by atypical climatic
conditions. For many years, these regional recalls raised no objections from D. In June
1997, D sent a letter to Ford explaining that the agency 'ha[d] concerns over several recent
safety recalls conducted by Ford which were limited in terms of their geographic scope. ' D
sent a letter to Chrysler and to the Association of International Automobile Manufacturers
as well. NHTSA (D) sent letters to some major automakers and a trade association,
acknowledging that regional recalls had been authorized in the past, but stating that the
agency now had 'concerns' about the practice. D then sent letters to various motor vehicle
manufacturers outlining D's 'policy guidelines' for 'regional recalls.' D then sent letters
to Ford and Chrysler outlining a regional recall policy. Center for Auto Safety (P) and
Public Citizen, Inc. filed a lawsuit in District Court challenging the 'regulatory regime
governing regional recalls established in NHTSA's 1998 letter to automakers. Ps claimed that
the 1998 policy guidelines constitute a 'de facto legislative rule' that violates the Safety
Act, and that, even if regional recalls are permissible in some circumstances, the policy
statement violates the Administrative Procedure Act ('APA'), 5 U.S.C. 551 et seq. (2000).
The District Court granted D's motion to dismiss, and denied Ps' motion for summary
judgment. It found that D's 1998 guidelines set out the agency's policy, not a binding rule,
and thus compliance with the APA's notice-and-comment procedures was not required. Ps
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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