DND International, Inc. v. Federal Motor Carrier Safety Admin.

Petitioner lacked Article III standing to file instant appeal of order of Federal Motor Carrier Safety Administration (FMCSA) that had essentially affirmed ALJ decision that had reversed FMCSA’s interim order that found that petitioner was imminent hazard and required that petitioner immediately pull its trucks off road. Issue that petitioner wanted to appeal. i.e., whether FMCSA properly overruled ALJ’s alternative finding that petitioner was entitled to relief because decision on petitioner’s appeal from interim order had not occurred within 10 days of said appeal, did not constitute actual controversy, where petitioner had received all of its requested relief, i.e., rescission of interim order, at time petitioner had filed instant appeal. As such, there was no longer any ongoing injury to petitioner that was addressable by Ct. of Appeals once interim order had been lifted.