AUTOMOTIVE PARTS REBUILDERS ASSOCIATION, Petitioner,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Automotive Service Industry Association, Intervenor.
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 14, 1983.
Attorney(s) appearing for the Case
Louis F. Marchese, Chicago, Ill., and Richard A. Mehler, Washington, D.C., with whom Harold T. Halfpenny and James F. Flanagan, Chicago, Ill., Patrick J. Moran and David J. Frantz, Washington, D.C., were on the joint brief, for petitioner and intervenor in No. 80-1788.
Theodore Souris, with whom James A. Smith, David G. Chardavoyne, William H. Crabtree, Charles H. Lockwood, Michael W. Grice, William L. Weber, Terrence B. Larkin, Frederick J. Dindoff, George F. Ball, Detroit, Mich., Thomas L. Saybolt, Paula Winkler-Doman, Dearborn, Mich., Kenneth I. Gluckman, Southfied, Mich., Milton D. Andrews, Alden J. Bianchi, and Lance E. Tunick, Washington, D.C., Gerhard P. Riechel, Englewood Cliffs, N.J., were on the joint brief, for petitioners and intervenor in No. 80-1828.
David Earl Dearing, Attorney, Dept. of Justice, Washington, D.C., with whom Angus MacBeth, Deputy Asst. Atty. Gen., Robert M. Perry, Gen. Counsel, E.P.A., and Donald W. Stever, Jr., Attorney, E.P.A., Washington, D.C., were on the brief, for respondent. Samuel I. Gutter, Attorney, E.P.A., Washington, D.C., entered an appearance for respondent.
Thomas Y. Au, Asst. Atty. Gen., Com. of Pa., Harrisburg, Pa., with whom Robert Abrams, Atty. Gen., State of N.Y., Marcia J. Cleveland, Asst. Atty. Gen., and David R. Wooley, Sp. Asst. Atty. Gen., State of N.Y., New York City, Francis X. Bellotti, Atty. Gen., Com. of Mass., and Stephen M. Leonard, Asst. Atty. Gen., Com. of Mass., Boston, Mass., were on the joint 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 Circuit Judge J. SKELLY WRIGHT.
J. SKELLY WRIGHT, Circuit Judge:
In Section 207(b) of the 1970 Clean Air Act amendments, 42 U.S.C. § 7541(b) (Supp. V 1981) (the Act), Congress first required vehicle manufacturers to warrant that their vehicles will perform in accordance with applicable emission standards throughout their useful lives. For any vehicle that does not comply, the performance warranty requires the manufacturer...
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