LONGWOOD, Fla. — Waste Pro USA has filed an amicus brief, also known as a friend-of-the-court brief in Rivera Lujan v. FMCSA (No. 26-1032), supporting an emergency motion asking the U.S. Court of Appeals for the District of Columbia Circuit to pause a recently finalized Federal Motor Carrier Safety Administration rule.
“An amicus brief allows the court to consider practical information from affected industries,” said Sarah Wilson, a partner and the federal immigration litigation practice leader at Colombo & Hurd, counsel for Waste Pro USA. “Waste Pro’s filing supports the emergency motion and explains operational considerations the court may find relevant as it evaluates the request to pause the rule.”
The rule, scheduled to take effect March 16, changes commercial driver’s license eligibility for a large number of Employment Authorization Document holders—almost 200,000 drivers, according to the rule.
The emergency motion notes petitioners asked FMCSA to stay the rule Feb. 17. FMCSA denied the request Feb. 19.
Stable Licensing Requirements
Reliable waste collection and disposal services depend on stable licensing requirements, which help guide staffing and route planning. If implemented, the rule would reduce the pool of qualified, licensed commercial drivers available to essential service providers, including waste management companies responsible for daily collection and disposal services for municipalities, businesses and residential communities across the region.
The brief was filed to outline how the rule could affect service continuity for the communities served. It focuses on workforce and operational considerations for employers that depend on properly licensed commercial drivers.
Commercial driving remains workforce-constrained in many markets across the Southeast, and operators plan hiring, retention, and service routes around stable licensing requirements. Abrupt changes to driver eligibility standards can disrupt that planning and affect service reliability, with downstream implications for public health, environmental management and municipal operations, according to a Waste Pro USA press release.
The emergency motion is pending before the court
Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.
