FORD MOTOR CO. v. ENVIRONMENTAL PROTECTION AGCY.

No. 78-1791.

606 F.2d 1293 (1979)

FORD MOTOR COMPANY, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Automobile Importers of America, Inc. and State of California, Intervenors.

United States Court of Appeals District of Columbia Circuit

Decided August 17, 1979.

Rehearing Denied October 25, 1979.


Attorney(s) appearing for the Case

John E. Nolan, Jr., Washington, D. C., with whom W. George Grandison and Charles G. Cole, Washington, D. C., and Thomas L. Saybolt, Dearborn, 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 L. 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., Washington, D.C., Joan Z. Bernstein, Gen. Counsel, and Gerald K. Gleason, Atty., Environmental Protection Agency, Washington, D.C., and Angus Macbeth, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondent. James W. Moorman and Lloyd S. Guerci, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondent.

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

Milton D. Andrews, Dennis 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 Chief Judge J. SKELLY WRIGHT.

Dissenting opinion filed by Circuit Judge MacKINNON.

J. SKELLY WRIGHT, Chief Judge:

Almost from its inception the federal program for regulation of motor vehicle emissions has recognized the pressing air quality problems of southern California and provided officials of that state with an opportunity to continue their pioneering efforts to grapple with them.1 The...

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