Department of Transportation v. Public Citizen
United States Supreme Court
541 U.S. 752 (2004)
The President, not the FMCSA (an agency within DOT, defendant), held authority to lift a moratorium on Mexican trucks operating in the U.S., and once the President lifted it, FMCSA was statutorily required to authorize any Mexican carrier meeting federal safety regulations to operate; FMCSA's environmental assessment addressed only its own rules governing roadside inspections, not the broader emissions impact of lifting the moratorium itself, and environmental groups (plaintiffs) sued claiming this violated NEPA and the Clean Air Act, prevailing in the court of appeals.
Whether a federal agency violates the National Environmental Policy Act or the Clean Air Act when it has no statutory authority to enforce the environmental impact resulting from proposed major federal action.