ELR Citation: 49 ELR 20026
No(s). 17-253 (RDM) (D.D.C. Feb 8, 2019) (Moss, J.)

A district court denied public interest groups' motion for partial summary judgment in challenging an Executive Order that required federal agencies to repeal two existing rules for each new rule promulgated. The groups argued they established associational standing based on injuries that two of their members would allegedly sustain because the order delayed finalization of an agency's vehicle-to-vehicle (V2V) communications rule and thereby interfered with the members' plans to purchase and use V2V-equipped vehicles. The court found the groups presented evidence that the order delayed finalization of the V2V rule and thus established a plausible claim to standing, but failed to show beyond genuine dispute that the order, as opposed to separate policy considerations or other factors, delayed the issuance of that specific regulation, and that the resulting delay caused them or their members to suffer a redressable injury. The court therefore denied the groups' motion for partial summary judgment, but allowed them to renew it following development of a further factual record.