Required vehicle safety standards
Ekladyous v. National Highway Traffic Safety Administration
In brief
- Where it stands
- Dismissed
Petition denied.
- What it’s about
- Albert Ekladyous’s petition asks whether the D.C.
- Who it affects
- Ekladyous did not get Supreme Court review, and the Court did not decide whether his claim was properly treated as a late challenge or whether the agency had to adopt the cited standard.
Summary: written with AI from the case record.
What it's about
Circuit could treat his claim that the National Highway Traffic Safety Administration failed to adopt a vehicle standard required by Congress as a late challenge to a completed rule, rather than as a claim that the agency failed to act. He also asks whether the agency’s rule, which he says departs from the incorporated SAE J3069 requirements, can be challenged on that basis.
Ekladyous alleged that the agency's rule departed from SAE International Standard J3069 requirements that Congress incorporated into law.
Question presented
1. Whether a court of appeals may dismiss as untimely under 49 U.S.C. § 30161(a) a petition for review alleging that an agency has failed to perform a discrete, mandatory statutory duty, by treating the claim as a challenge to a completed rule under 5 U.S.C. § 706(2) rather than as a claim of agency action unlawfully withheld under 5 U.S.C. § 706(1). 2. Whether a claim that an agency has not adopted the performance standard Congress made part of a statutory definition — here, the SAE International Standard J3069 requirements incorporated in IIJA § 24212(a)(1) — states a reviewable claim of agency action unlawfully withheld under 5 U.S.C. § 706(1), where the agency has issued a rule that expressly departs from that standard.
Documents
Docket activity
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Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.