Transam Trucking, Inc. v Federal Motor Carrier Safety Administration

Transam petitioned for review of Administration’s refusal to issue an amended compliance review report. The panel dismissed holding that under 28 USC 2342 review is only available for final orders and an email resting Administration’s position that it did not need to issue an amended report to fulfil its obligations under a settlement agreement was not a final order. The panel noted that Administration had provided a detailed explanation of its positon and a declaration it would not issue the report earlier and Transam dismissed its petition for reviewing that order and also that Transam admitted it was seeking enforcement of the settlement agreement which is not a basis for jurisdiction under 2342.