Air Brake Systems, Inc. v. Mineta
United States Court of Appeals for the Sixth Circuit
357 F.3d 632 (2004)
Relevant factsFree
NHTSA's Chief Counsel sent advisory letters, later posted online, stating that Air Brake's (plaintiff) braking system appeared not to comply with a federal safety standard, even though only a formal compliance review could officially make that determination. Air Brake lost business after the letters were published and sued Secretary Mineta (defendant); the district court dismissed, finding the letters were not final, reviewable agency action.
IssueFree
Whether a federal agency action entitled to judicial deference is a final, judicially reviewable action under the Administrative Procedure Act's finality rule.
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