The MOTOR AND EQUIPMENT MANUFACTURERS ASSOCIATION, INC., Petitioner,
v.
ENVIRONMENTAL PROTECTION AGENCY and Barbara Blum, Acting Administrator, Environmental Protection Agency, Respondents,
State of California and Automobile Importers of America, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 26, 1979.
Decided August 3, 1979.
Rehearing Denied October 25, 1979.
Attorney(s) appearing for the Case
Mark R. Joelson, Washington, D. C., with whom Marc L. Fleischaker and Lawrence P. Postol, Washington, D. C., were on the brief, for petitioner.
James McNab, III, Atty., E. P. A., 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., E. P. A., 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., John Z. Bernstein, Gen. Counsel, and Gerald K. Gleason, Atty., E. P. A., and Angus Macbeth, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents. James W. Moorman and Lloyd Guerci, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondents.
Joel S. Moskowitz, Deputy Atty. Gen. of 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 Circuit Judge MacKINNON.
MacKINNON, Circuit Judge:
Section 209 of the Clean Air Act, 42 U.S.C. § 7543 (Supp. I 1977), provides that the Administrator of the Environmental Protection Agency shall waive federal preemption for California's motor vehicle emissions control standards, enforcement procedures, and other conditions precedent to the initial retail sale of motor vehicles unless the Administrator makes certain findings...
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