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.

DEPARTMENT OF TRANSPORTATION; No. 07-73415

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 predecessor, John H. Hill, who was the Administrator of the Federal Motor

Carrier Safety Administration. Fed. R. App. P. 43(c)(2). 

4461
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 Association, Inc. 

Irene M. Solet, United States Department of Justice, Civil

Appellate Division, Washington, D.C., for the respondents. 

4462 SIERRA CLUB v. DOT
ORDER

Petitioners Sierra Club, et al., and Owner-Operator Independent 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 legislation prohibits the use of funds appropriated under it “to

establish, implement, continue, promote or in any way permit” 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 petition for review is moot. 

DISMISSED. 

SIERRA CLUB v. DOT 4463
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