CENTER FOR AUTO SAFETY v. RUCKELSHAUS

No. 82-2032.

747 F.2d 1 (1984)

CENTER FOR AUTO SAFETY, Public Citizen, Inc., Natural Resources Defense Council, Hon. Toby Moffett, Sidney Wolfe, M.D., and Russell J. Shew, Petitioners, v. William D. RUCKELSHAUS, Administrator, Environmental Protection Agency, and Environmental Protection Agency, Respondents, General Motors Corp., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 26, 1984.


Attorney(s) appearing for the Case

Frederic Townsend, Washington, D.C., with whom Alan B. Morrison and David D. Doniger, Washington, D.C., were on the brief, for petitioners.

William F. Pedersen, Acting Associate Gen. Counsel, E.P.A., Washington, D.C., of the Bar of the Supreme Court of the State of Massachusetts, pro hac vice, by special leave of Court, with whom Carol E. Dinkins, Asst. Atty. Gen., Robert M. Perry, Gen. Counsel, Gerald K. Gleason, Asst. Gen. Counsel, Samuel I. Gutter, Robert A. Weissman, Peter J. Murtha and Maureen Smith, Attys., E.P.A., and Rosanne Mayer, Atty. Dept. of Justice, Washington, D.C., were on the brief, for respondents.

Theodore Souris, Detroit, Mich., with whom Frederick J. Dindoffer and George F. Ball, Detroit, Mich., were on the brief, for intervenor. William L. Weber, Detroit, Mich., also entered an appearance for intervenor.

Before WILKEY, MIKVA and SCALIA, Circuit Judges.


Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

Section 207 of the Clean Air Act, 42 U.S.C. § 7541 (1982) provides that if the Administrator of the Environmental Protection Agency ("EPA") determines that a substantial number of any class or category of vehicles or engines fail during their statutorily defined useful life to conform to the regulations establishing maximum emission levels, the Administrator shall require the...

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