the Sierra Club Foundation v. Department of Transportation

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 THE SIERRA CLUB FOUNDATION;
PUBLIC CITIZEN; ENVIRONMENTAL
LAW FOUNDATION; BROTHERHOOD OF
TEAMSTERS AND AUTO TRUCK
DRIVERS LOCAL NO. 70,
Petitioners,
v.
No. 07-73415 DEPARTMENT OF TRANSPORTATION;
FEDERAL MOTOR CARRIER SAFETY  FMCSA No.
ADMINISTRATION; RAYMOND L. 07-1355
LAHOOD,* Secretary of
Transportation; ROSE A.
MCMURRAY,** Acting
Administrator of the Federal
Motor Carrier Safety
Administration; UNITED STATES OF
AMERICA,
Respondents. 
*Raymond L. LaHood is substituted for his predecessor, Mary E.
Peters, as Secretary of Transportation. Fed. R. App. P. 43(c)(2).
**Rose A. McMurray, Acting Administrator, is substituted for her pre-
decessor, John H. Hill, who was the Administrator of the Federal Motor
Carrier Safety Administration. Fed. R. App. P. 43(c)(2).
4461

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 OWNER-OPERATOR INDEPENDENT
DRIVERS ASSOCIATION, INC., No. 07-73987
Petitioner, FMCSA No.
v.  07-1355
FEDERAL MOTOR CARRIER SAFETY ORDER
ADMINISTRATION,
Respondent. 
On Petition for Review of an Order of the
Federal Motor Carrier Safety Administration
Argued and Submitted
February 12, 2008—San Francisco, California
Filed April 20, 2009
Before: Dorothy W. Nelson, Andrew J. Kleinfeld and
Michael Daly Hawkins, Circuit Judges.
COUNSEL
Jonathan Weissglass, Altshuler Berzon LLP, San Francisco,
California, for petitioners The Sierra Club Foundation, Public
Citizen, Environmental Law Foundation, and Brotherhood of
Teamsters and Auto Truck Drivers Local No. 70.
Paul D. Cullen, Sr., The Cullen Law Firm, Washington, D.C.,
for petitioner Owner-Operator Independent Drivers Associa-
tion, Inc.
Irene M. Solet, United States Department of Justice, Civil
Appellate Division, Washington, D.C., for the respondents.
4462 SIERRA CLUB v. DOT

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ORDER
Petitioners Sierra Club, et al., and Owner-Operator Inde-
pendent Drivers Association petition this court for review of
the notice of intent by the Federal Motor Carrier Safety
Administration (“FMCSA”) to proceed with a pilot program
to authorize up to 100 Mexico-domiciled carriers to operate
beyond the border zone. We dismiss because this petition is
now moot.
While the petition was pending, Congress passed and the
President signed into law the Omnibus Appropriations Act,
2009, Pub. L. 111-8, 123 Stat. 524. Section 136 of that legis-
lation prohibits the use of funds appropriated under it “to
establish, implement, continue, promote or in any way per-
mit” a demonstration program like the one at issue in this
case.
Pursuant to § 136, the FMCSA has terminated the existing
demonstration program. Even if Congress does not impose the
same limitation in future fiscal years, any new pilot program
the FMCSA might initiate in the future would likely present
different questions of statutory and regulatory requirements
than the now terminated program and would likely not fall
into the “yet evading review” category. Accordingly, the peti-
tion for review is moot.
DISMISSED.
4463 SIERRA CLUB v. DOT

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