PACIFIC LEGAL FOUNDATION v. DEPARTMENT OF TRANSP.

Nos. 77-1797, 78-1034.

593 F.2d 1338 (1979)

PACIFIC LEGAL FOUNDATION et al., Petitioners, v. DEPARTMENT OF TRANSPORTATION, Respondent. Ralph NADER and Public Citizen, Petitioners, v. Brock ADAMS, Secretary of Transportation, Respondent, Ford Motor Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 1, 1979.

As Amended February 1, 1979

Rehearing Denied March 5, 1979.

As Amended April 3, 1979.


Attorney(s) appearing for the Case

Sam Kazman, Washington, D. C., with whom Ronald A. Zumbrun, Robert K. Best, Raymond M. Momboisse, and John H. Findley, Sacramento, Cal., and Albert Ferri, Jr., and Donald C. Simpson, Washington, D. C., were on the brief, for petitioners Pacific Legal Foundation et al.

Alan B. Morrison, Washington, D. C., with whom Thomas K. Wilka, Washington, D. C., was on the brief, for petitioners Ralph Nader et al.

Paul Blankenstein, Atty., Dept. of Justice, Washington, D.C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., Joseph J. Levin, Jr., Chief Counsel, Frank Berndt, Deputy Chief Counsel, David W. Allen, Asst. Chief Counsel, Nat'l Highway Traffic Administration, Washington, D.C., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondents Brock Adams and Department of Transp.

John H. Pickering, Washington, D. C., with whom William R. Perlik, William J. Perlstein, and Donald C. Langevoort, Washington, D. C., were on the brief, for intervenor Ford Motor Co.

Before WRIGHT, Chief Judge, WILKEY, Circuit Judge, and FLANNERY, District Judge.


Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Chief Judge:

Like Scylla and Charybdis, the petitioners in these two cases challenge from opposite sides Motor Vehicle Safety Standard 208, which requires "passive restraints," such as automatic seatbelts or airbags, in all passenger cars sold in this country after September 1, 1983.1 In No. 77-1797 petitioners...

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