RECENT FEDERAL DECISIONS

March 2003

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New Regulations Permitting Mexican Motor Carriers to Travel Beyond the "Border Zone" Subject To NEPA, Clean Air Act Review
Public Citizen v. Department of Transportation

The United States Court of Appeals for the Ninth Circuit held that the Department of Transportation (DOT) violated federal law by conducting inadequate environmental review of regulations it promulgated regarding the permitting of Mexican motor carriers beyond the limited border region. The Ninth Circuit recognized the importance of the United States' obligations under NAFTA, but concluded that compliance with the terms of the treaty could not come at the expense of the nation's environmental laws.