Documentary record · ORDER ON EMERGENCY MOTION
D.C. Circuit denies an emergency stay of the non-domiciled CDL rule
STAY DENIED
Event date
May 5, 2026
Jurisdiction
United States
Issuing body
U.S. Court of Appeals for the D.C. Circuit
Action type
ORDER ON EMERGENCY MOTION
Lifecycle state
STAY DENIED
Verification
D · as reported
Legal effect
The final rule remained in effect while the petition for review proceeded. A denial of a stay is not a ruling on the merits.
What this establishes
- The court declined to halt the rule pending review, so the rule continued to operate.
- The petition for review continued on the merits.
What this does not establish
- That the rule is lawful. The merits were not decided at this stage.
- Any outcome for the pending appeal.
Why it matters
The denial is why roughly 194,000 credential holders have been operating under the new eligibility limits while the litigation runs.
Primary source
- Scopelitis — client advisory on the stay denial
- Land Line — coverage of the non-domiciled CDL litigation
Related on this site
Record current through 18 September 2026, 3:00 PM PT · record id rivera-lujan-fmcsa-stay-denied-2026-05-05.