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IHMPACT v. Buttigieg

CASE SUMMARY

On April 2, 2021, Transportation Secretary Peter Buttigieg arbitrarily rescinded  binding Department of Transportation rules that recognized a comprehensive set of rights, including a new mandate that DOT personnel voluntarily disclose all exculpatory evidence to those targeted by a civil enforcement action. This rule applied the U.S. Supreme Court’s decision in Brady v. Maryland to the administrative context. DOT first addressed longstanding concerns about civil enforcement abuse in a February 2019 General Counsel’s memorandum. Shortly thereafter, the Bradbury Memo’s key provisions, requiring, among other things, prohibiting “fishing expedition” investigations without sufficient evidence in hand to support a violation, ending endless enforcement, and mandating fair and transparent civil penalties, were codified into binding rules.

Buttigieg seemingly revoked DOT’s due process rules to comply with President Biden’s “Day One” Executive Order demanding that agencies “rescind any orders, rules regulations, guidelines or policies” that supposedly inhibit the federal government’s ability to address “the coronavirus disease 2019 pandemic, economic recovery, racial justice, and climate change.” But Buttigieg did not explain why or how affording due process might “threaten” DOT’s response to these issues. Buttigieg revoked the rules without allowing Hazardous Materials Packaging and Certification Testing, Inc. (IHMPACT) or the public to comment beforehand, and he did so without considering IHMPACT members’ reliance interests, even though Congress and Supreme Court precedent require it.

NCLA filed a lawsuit on IHMPACT’s behalf,  arguing that once substantive rights are extended, no federal agency may lawfully take them away by fiat. DOT would have to conduct notice-and-comment rulemaking to repeal the rules.

OUR TEAM

Kara Rollins
Litigation Counsel
Sheng Li
Litigation Counsel

RELEVANT MATERIALS

NCLA FILINGS

Memorandum in Support of Preliminary Injunction

May 28, 2021 | Read More

Motion for Preliminary Injunction

May 28, 2021 | Read More

Complaint in the U.S. District Court for the Northern District of Texas

May 18, 2021 | Read More

PRESS RELEASES

Transportation Secretary Buttigieg Runs Over Due Process, NCLA Sues

May 18, 2021 | Read More

IN THE MEDIA

Small-Biz Group Sues DOT To Protect Transparency Rules

Law360

February 7, 2023

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