INTERNATIONAL HARVESTER COMPANY v. RUCKELSHAUS

Nos. 72-1517, 72-1525, 17-1529, 72-1537.

478 F.2d 615 (1973)

INTERNATIONAL HARVESTER COMPANY, Petitioner, v. William D. RUCKELSHAUS, Administrator, Environmental Protection Agency, Respondent. GENERAL MOTORS CORPORATION, Petitioner, v. William D. RUCKELSHAUS, Administrator, Environmental Protection Agency, Respondent. CHRYSLER CORPORATION, a Delaware Corporation, Petitioner, v. William D. RUCKELSHAUS, Administrator, Environmental Protection Agency, Respondent. FORD MOTOR COMPANY, Petitioner, v. William D. RUCKELSHAUS, Administrator, Environmental Protection Agency, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 10, 1973.

As Amended February 12, 1973.


Attorney(s) appearing for the Case

Reuben L. Hedlund, of the Bar of the Supreme Court of Illinois, pro hac vice, by special leave of the Court, with whom Lawrence Gunnels, Chicago, Ill., was on the brief for petitioner in No. 72-1517.

Frederick M. Rowe, Washington, D. C., with whom Edward W. Warren, F. F. Hilder, Asst. Gen. Counsel, William L. Weber, Jr., Detroit, Mich., and Hammond E. Chaffetz, Washington, D. C., were on the brief for petitioner in No. 72-1525.

John E. Nolan, Jr., Washington, D. C., with whom Robert E. Jordan, III, William G. Christopher, Michael J. Malley, Richard H. Porter, Scott R. Schoenfeld, Washington, D. C., and Victor C. Tomlinson were on the brief for petitioner in No. 72-1529.

Howard P. Willens, Washington, D. C., with whom Jay F. Lapin, William P. Hoffman, Jr., Gerald Goldman, Washington, D. C., were on the brief for petitioner in No. 72-1537.

James A. Glasgow, Atty., Department of Justice, with whom Kent Frizzell, Asst. Atty. Gen., Edmund B. Clark and Raymond N. Zagone, Attys., Department of Justice, were on the brief for appellee.

Jerome Maskowski was on the brief for State of Michigan, amicus curiae.

Before BAZELON, Chief Judge, and TAMM and LEVENTHAL, Circuit Judges.


LEVENTHAL, Circuit Judge:

These consolidated petitions of International Harvester and the three major auto companies, Ford, General Motors and Chrysler, seek review1 of a decision by the Administrator of the Environmental Protection Agency denying petitioners' applications, filed pursuant to Section 202 of the Clean Air Act,2 for one-year suspensions of the 1975 emission standards prescribed under the statute...

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