Center for Biological Diversity v. National Highway Traffic Safety Administration

The Center for Biological Diversity (CBD) filed a Freedom of Information Act (FOIA) lawsuit against the National Highway Traffic Safety Administration (NHTSA) in the federal district court for the District of Columbia to compel NHTSA to produce records in response to a request for records concerning the Safer Affordable Fuel-Efficient Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks (SAFE Vehicles Rule). CBD alleged that the SAFE Vehicles Rule “would vastly increase fuel consumption and emissions of greenhouse gases and other pollutants.” The records sought in the FOIA request were any records explaining NHTSA’s determination that the SAFE Vehicles Rule did not require Section 7 consultation under the Endangered Species Act. NHTSA, along with EPA, concluded that setting emissions standards did not require such consultation.