STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Kent Mason, Patricia Warren and Leorlin Boyd, Petitioners,
v.
DEPARTMENT OF TRANSPORTATION, Drew Lewis, as Secretary, National Highway Traffic Safety Administration, and Raymond A. Peck, Jr., as Administrator, Respondents,
Superintendent of Insurance of the State of New York, Automobile Importers of America, Inc., Motor Vehicle Manufacturers Association, et al., Consumer Alert and Pacific Legal Foundation, Intervenors.
NATIONAL ASSOCIATION OF INDEPENDENT INSURERS, Automobile Owners Action Council, and Eugene J. Meyung, Petitioners,
v.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, Respondent,
Automobile Importers of America, Inc., Consumer Alert and Pacific Legal Foundation, Motor Vehicle Manufacturers Association, et al., Superintendent of Insurance of the State of New York, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 1, 1982.
Decided June 1, 1982.
Attorney(s) appearing for the Case
James F. Fitzpatrick, Washington, D. C., with whom Michael N. Sohn, Merrick B. Garland, John M. Quinn and Robert E. Litan, Washington, D. C., were on the brief, for petitioners in No. 81-2220.
Raymond J. Rasenberger, Washington, D. C., with whom Lawrence C. Merthan, Frank J. Costello and Richard M. Hall, Washington, D. C., were on the brief, for petitioners in No. 81-2221.
David W. Allen, Asst. Chief Counsel, Nat. Highway Traffic Safety Admin., Washington, D. C., with whom Frank Berndt, Chief Counsel, Enid Rubenstein, Allan J. Kam and Eileen T. Leahy, Attys., Nat. Highway Traffic Safety Admin., Washington, D. C., were on the brief, for respondents in Nos. 81-2220 and 81-2221.
Lloyd N. Cutler, Washington, D. C., with whom John H. Pickering, William R. Perlik, Washington, D. C., William H. Crabtree, Michael W. Grice and William L. Weber, Jr., Detroit, Mich., were on the brief, for intervenors Motor Vehicle Mfrs. Ass'n, et al., in Nos. 81-2220 and 81-2221.
Ronald A. Zumbrun, Sacramento, Cal., Raymond M. Momboisse, Washington, D. C. and Sam Kazman, Brooklyn, N. Y., were on the brief for intervenors Consumer Alert and Pacific Legal Foundation, in Nos. 81-2220 and 81-2221.
Robert Abrams, Atty. Gen., George D. Zuckerman, Asst. Sol. Gen., Robert S. Hammer, Stanley A. Camhi, Asst. Attys. Gen., New York City, were on the brief for intervenor Superintendent of Ins. of the State of N. Y., in Nos. 81-2220 and 81-2221.
Katherine I. Hall was on the brief for amicus curiae, Center for Auto Safety, Public Citizen, Physicians for Automotive Safety, and the American Academy of Pediatrics, urging reversal of the rescission of Standard 208.
Philip R. Collins, Washington, D. C., was on the brief for amicus curiae, Automotive Occupant Protection Ass'n, urging reversal of the rescission of Standard 208.
Dennis J. Barbour, Washington, D. C., was on the brief for amici curiae, American College of Preventive Medicine and American Public Health Ass'n, urging reversal of the rescission of Standard 208.
A. L. Zwerdling, Washington, D. C., and Stephen I. Schlossberg, Detroit, Mich., were on the brief for amicus curiae, Intern. Union, United Auto., Aerospace & Agr. Implement Workers of America (AFL-CIO), urging reversal of the rescission of Standard 208.
Debbie M. Zuckerman was on the brief for amicus curiae, Epilepsy Foundation of America, urging reversal.
Milton D. Andrews and Lance E. Tunick, Washington, D. C., entered appearances for intervenor Auto. Importers of America, Inc.
Before BAZELON, Senior Circuit Judge, and MIKVA and EDWARDS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge MIKVA.
Opinion concurring in part filed by Circuit Judge EDWARDS.
MIKVA, Circuit Judge:
Petitioners in this action seek review of a final order by the National Highway Traffic Safety Administration (NHTSA) rescinding the automatic crash protection requirements of Federal Motor Vehicle Safety Standard 208 ten months before the standard's effective date. 46 Fed.Reg. 53,419 (Oct. 29, 1981) (Notice 25). The...
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