MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF the UNITED STATES, INC., et al., Petitioners,
v.
William D. RUCKELSHAUS, Administrator, United States Environmental Protection Agency, Respondent,
Automobile Importers of America, Inc., Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 9, 1983.
Decided October 4, 1983.
As Amended October 21, 1983.
Attorney(s) appearing for the Case
Theodore Souris, Detroit, Mich., with whom James A. Smith, David G. Chardavoyne, Terrence B. Larkin, Frederick J. Dindoffer, Detroit, Mich., Milton D. Andrews, Alden J. Bianchi, Lance E. Tunick, Washington, D.C., William H. Crabtree, Charles H. Lockwood, Kenneth I. Gluckman, Michael W. Grice, Thomas L. Saybolt, William L. Weber and George F. Ball, Detroit, Mich., were on joint brief, for petitioners and intervenor.
Maureen D. Smith, Atty., E.P.A., Washington, D.C., with whom Angus MacBeth, Deputy Asst. Atty. Gen., Gerald K. Gleason, Asst. Gen. Counsel, E.P.A., David Feldman and Robert Weissman, Attys., E.P.A., David E. Dearing and Donald W. Stever, Jr., Attys., Dept. of Justice, Washington, D.C., were on brief, for respondent.
Thomas Y. Au, Asst. Atty. Gen., Com. of Pa., Harrisburg, Pa., Robert Abrams, Atty. Gen., Marcia J. Cleveland, Asst. Atty. Gen., and David R. Wooley, Sp. Asst. Atty. Gen., The State of N.Y., New York City, Francis X. Bellotti, Atty. Gen., Com. of Mass., and Stephen M. Leonard, Asst. Atty. Gen., E.P.A., Boston, Mass., were on the brief, for amici curiae, urging dismissal.
Before WRIGHT and MIKVA, Circuit Judges, and MacKINNON, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge MacKINNON.
MacKINNON, Senior Circuit Judge:
Title II of the Clean Air Act (the Act), 42 U.S.C. §§ 7521-7574 (Supp. V 1981), deals with air pollution caused by "moving sources," i.e., motor vehicles. In the 1970 Amendments to the Clean Air Act,1 Congress determined that emission inspections of vehicles while in use were essential to controlling air pollution. To...
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