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Kuehl Trucking

Case Summary

Case Name:

OOIDA, Kuehl Truckings vs USDOT, FMCSA, Anthony Foxx, T F Scott Darling III

Court Name:

United State Court of Appeals for the Eighth Circuit

Case Filed:

3/25/2015

Case Settled:

1/1/1900

Allegations

The Federal Motor Carrier Safety Administration (FMCSA) published a notice in the Federal Register styled as “regulatory guidance” related to the definition of “accident” under 49 C.F.R. § 390.5. In fact, the notice amended the rule defining accident by creating an exception for a specific type of truck operation, attenuator trucks. FMCSA did not go through notice and comment rulemaking procedures required by 49 U.S.C. § 31130 (c) and the Administrative Procedures Act (APA) when it promulgated this amendment to the rule.

Additionally, FMCSA’s action was not the result of reasoned decision making. It was arbitrary and capricious, an abuse of discretion and otherwise not in accordance with law under well-settled standards of review in the APA.

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