AMERICAN MOTORS CORP. v. BLUM

No. 78-1799.

603 F.2d 978 (1979)

AMERICAN MOTORS CORPORATION, Petitioner, v. Barbara BLUM, Acting Administrator, Environmental Protection Agency, Respondent, State of California and Automobile Importers of America, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 20, 1979.


Attorney(s) appearing for the Case

Alan S. Weitz, Washington, D. C., with whom David J. Freeman, Washington, D. C., and Kenneth I. Gluckman, Southfield, Mich., were on the brief for petitioner.

James McNab, III, Atty., Environmental Protection Agency, Washington, D. C., a member of the bar of the Supreme Court of California, pro hac vice, by special leave of court, Bruce I. Bertelsen, Atty., Environmental Protection Agency, Washington, D. C., a member of the bar of the Supreme Court of Michigan, pro hac vice, by special leave of court, and David E. Dearing, Atty., Dept. of Justice, Washington, D. C., with whom Sanford Sagalkin, Acting Asst. Atty. Gen., Joan Z. Bernstein, General Counsel, and Gerald K. Gleason, Atty., Environmental Protection Agency, and Angus Macbeth, Atty., Dept. of Justice, Washington, D. C., were on the brief for respondent. James Moorman and Lloyd Guerci, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondent.

Joel S. Moskowitz, Deputy Atty. Gen., Sacramento, Cal., of the State of California, for intervenor State of California.

Milton D. Andrews, Donald M. Schwentker, and Lance E. Tunick, Washington, D. C., were on the brief for intervenor Automobile Importers of America, Inc.

Before WRIGHT, Chief Judge, and MacKINNON and ROBB, Circuit Judges.


Opinion for the court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

In this case American Motors Corporation (AMC) attacks a decision by the Administrator of the Environmental Protection Agency which permits the State of California to apply to AMC motor vehicle emission standards more strict than the federal standards promulgated under the Clean Air Act. 42 U.S.C. § 7401 et seq. Specifically AMC complains that the California standards permitted...

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