The MOTOR AND EQUIPMENT MANUFACTURERS ASSOCIATION, INC., Petitioner,
v.
ENVIRONMENTAL PROTECTION AGENCY and Douglas Costle, Administrator, Environmental Protection Agency, Respondents,
Automobile Importers of America and State of California, Intervenors.
AUTOMOTIVE SERVICE INDUSTRY et al., Petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent,
State of California and Automobile Importers of America, Intervenors.
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF the UNITED STATES, INC., Petitioner,
v.
Douglas M. COSTLE, Administrator of the Environmental Protection Agency Environmental Protection Agency, Respondents,
State of California and Automobile Importers of America, Intervenors.
CHRYSLER CORPORATION, Petitioner,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent,
State of California and Automobile Importers of America, Intervenors.
GENERAL MOTORS CORPORATION, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Douglas M. Costle, Administrator of the United States Environmental Protection Agency, Respondents,
State of California and Automobile Importers of America, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 26, 1979.
Decided August 3, 1979.
As Amended August 7, 1979.
Rehearing Denied September 17, 1979.
Attorney(s) appearing for the Case
John H. Pickering, Washington, D. C., with whom Timothy N. Black, Washington, D. C., and Charles H. Lockwood, Detroit, Mich., were on the brief, for petitioner in No. 78-1931.
William T. Coleman, Jr., Washington, D. C., with whom Richard C. Warmer, Donald T. Bliss, Jr., Washington, D. C., and William L. Weber, Jr., Detroit, Mich., were on the brief, for petitioner in No. 78-1944.
Mark R. Joelson, Washington, D. C., with whom Marc L. Fleischaker and Lawrence P. Postol, Washington, D. C., were on the brief, for petitioner in No. 78-1896.
James F. Flanagan, Chicago, Ill., with whom Harold T. Halfpenny, Chicago, Ill., was on the brief, for petitioner in No. 78-1901.
Victor C. Tomlinson, Detroit, Mich., was on the brief, for petitioner in No. 78-1943.
James McNab, III, Atty., E. P. A., Washington, D. C., a member of the bar of the Supreme Court of Cal., pro hac vice, by special leave of court, Bruce I. Bertelsen, Atty., E. P. A., Washington, D. C., a member of the bar of the Supreme Court of Mich., 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, Gen. Counsel, and Gerald K. Gleason, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondent. James Moorman and Lloyd S. Guerci, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondents.
Joel S. Moskowitz, Deputy Atty. Gen. of the State of Cal., Sacramento, Cal., for intervenor State of Cal.
Milton D. Andrews, Donald M. Schwentker and Lance E. Tunnick, Washington, D. C., were on the brief for intervenor Automobile Importers of America, Inc.
Before WRIGHT, Chief Judge, and MacKINNON and ROBB, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by MacKINNON, Circuit Judge.
MacKINNON, Circuit Judge:
Section 209 of the Clean Air Act, 42 U.S.C. § 7543 (Supp. I 1977), requires the Administrator of the Environmental Protection Agency (EPA) to waive federal preemption of motor vehicle emission control regulations for the State of California unless he makes certain findings that a waiver is inappropriate.1 In July 1978 the Administrator waived...
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