SPECIALTY EQUIPMENT MARKET ASSOCIATION, Petitioner,
v.
William D. RUCKELSHAUS, Administrator, U.S. Environmental Protection Agency, et al., Respondents,
Motor Vehicle Manufacturers Association of the United States, Inc., Intervenor.
AUTOMOTIVE PARTS REBUILDERS ASSOCIATION, et al., Petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Motor Vehicle Manufacturers Association of the United States, Inc., Intervenor.
MOTOR VEHICLE MANUFACTURERS ASSOCIATION of the UNITED STATES, INC., et al., Petitioners,
v.
William D. RUCKELSHAUS, Administrator, U.S. Environmental Protection Agency, Respondent.
AUTOMOBILE IMPORTERS OF AMERICA, INC., Petitioner,
v.
William D. RUCKELSHAUS, Administrator, U.S. Environmental Protection Agency, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 9, 1983.
Decided October 14, 1983.
Attorney(s) appearing for the Case
David J. Frantz, Washington, D.C., with whom Richard A. Mehler, Washington, D.C., Harold T. Halfpenny, Louis F. Marchese, and James F. Flanagan, Chicago, Ill., were on the joint briefs, for petitioners in 81-1072.
Matthew A. Low, Washington, D.C., with whom John Russell Deane, III, Washington, D.C., was on the brief, for petitioner in 81-1047. Mark S. Allen, Washington, D.C., also entered an appearance for petitioner.
James P. Clark, Attorney, E.P.A., of the Bar of the District of Columbia Court of Appeals, pro hac vice, by special leave of the Court, Washington, D.C., with whom Robert M. Perry, Gen. Counsel, E.P.A., Gerald K. Gleason, Asst. Gen. Counsel, Robert A. Weissman and Samuel I. Gutter, Attorneys, E.P.A., and David E. Dearing, Attorney, Dept. of Justice, Washington, D.C., were on the brief, for respondent.
Theodore Souris, Detroit, Mich., with whom George F. Ball, William L. Weber, William H. Crabtree, Charles H. Lockwood, Michael, W. Grice, Detroit, Mich., Thomas L. Saybolt, Paula Winkerlman, Dearborn, Mich., Gerhard P. Riechel, John M. Brunner, Englewood Cliffs, New Jersey, and Milton D. Andrews, Lance E. Tunick, Washington, D.C., were on the joint brief for Petitioners in 81-1076 and 81-1083. Kenneth L. Gluckman, Southfield, Mich., also entered an appearance for Petitioner in 81-1076.
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 Circuit Judge MIKVA.
Concurring opinion filed by Senior Circuit Judge MacKINNON.
MIKVA, Circuit Judge:
In 1970, Congress amended the Clean Air Act to require vehicle manufacturers to warranty the performance of their vehicles' emission control systems. Under this performance warranty program, vehicle manufacturers were allowed to condition their warranties on the owners' use of repair parts sold and installed by the vehicle...
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