Albert Ekladyous v. National Highway Traffic Safety Administration, et al.

Whether a court of appeals may dismiss as untimely under 49 U.S.C. § 30161(a) a petition for review alleging that an agency has failed to perform a discrete, mandatory statutory duty, by treating the claim as a challenge to a completed rule under 5 U.S.C. § 706(2) rather than as a claim of agency action unlawfully withheld under 5 U.S.C. § 706(1).

Whether a claim that an agency has not adopted the performance standard Congress made part of a statutory definition—here, the SAE International Standard J3069 requirements incorporated in IIJA § 24212(a)(1)—states a reviewable claim of agency action unlawfully withheld under 5 U.S.C. § 706(1), where the agency has issued a rule that expressly departs from that standard.