GENERAL MOTORS CORP. v. RUCKELSHAUS

Nos. 80-1868, 80-2027 and 81-1029.

742 F.2d 1561 (1984)

GENERAL MOTORS CORPORATION, a Delaware Corporation, Petitioner, v. William D. RUCKELSHAUS, Administrator, United States Environmental Protection Agency, Respondent. (3 cases)

United States Court of Appeals, District of Columbia Circuit.

Decided September 7, 1984.


Attorney(s) appearing for the Case

Theodore Souris and George F. Ball, Detroit, Mich., with whom Michael B. Lewiston, James A. Smith, Terrance B. Larkin, Frederick J. Dindoffer and William L. Weber, Jr., Detroit, Mich., were on brief, for petitioner in Nos. 80-1868, 80-2027 and 81-1029.

Jose R. Allen, Atty. Dept. of Justice, Washington, D.C., with whom A. James Barnes, Gen. Counsel, Gerald K. Gleason, Asst. Gen. Counsel, Robert A. Weissman, Samuel I. Gutter, Attys., E.P.A., David E. Dearing and John Wittenborn, Dept. of Justice, Washington, D.C., were on brief, for respondent.

Angus MacBeth, Donald W. Stever, Jr. and Rosanne Mayer, Attys. Dept. of Justice, Washington, D.C., also entered appearances for respondent.

Before ROBINSON, Chief Judge, WRIGHT, TAMM, WILKEY, WALD, MIKVA, EDWARDS, GINSBURG, SCALIA and STARR, Circuit Judges, and BAZELON, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge WALD.

Dissenting opinion filed by Senior Circuit Judge BAZELON in which Circuit Judges TAMM and WILKEY join.

WALD, Circuit Judge.

In this appeal, the General Motors Corporation (GM) challenges the authority of the Environmental Protection Agency (EPA or Agency) to require manufacturers, as a part of a recall pursuant to the Clean Air Act, to repair cars and engines...

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