MOTOR VEHICLE MFRS. ASS'N OF U.S. v. E.P.A.

Nos. 81-2276, 81-2279.

768 F.2d 385 (1985)

MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF the UNITED STATES, INC., et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, American Methyl Corporation, Intervenor. GENERAL MOTORS CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, American Methyl Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 1985.


Attorney(s) appearing for the Case

Gary P. Toth, Detroit, Mich., with whom William H. Crabtree, V. Mark Slywynsky, Michael W. Grice, Detroit, Mich., Robert G. Seasonwein, Troy, Mich., and William L. Weber, Jr., Detroit, Mich., were on brief, for petitioners in Nos. 81-2276 and 81-2279.

David E. Dearing, Atty., Dept. of Justice, Washington, D.C., with whom Samuel I. Gutter, Robert A. Weissman, Attys., A. James Barnes, Gen. Counsel, Gerald K. Gleason, Asst. Gen. Counsel, E.P.A. and Jose R. Allen, Atty., Dept. of Justice, Washington, D.C., were on brief, for respondents in Nos. 81-2276 and 81-2279. Nancy Marvel and Ralph Colleli, Jr., Washington, D.C., entered appearances, for respondents in Nos. 81-2276 and 81-2279.

James W. Moorman, Washington, D.C., with whom Scott N. Stone, Russell V. Randle and David B. Robinson, Washington, D.C., were on brief, for intervenor American Methyl Corp. Arnold B. Podgorsky and Laurence S. Kirsch, Washington, D.C., entered appearances, for intervenor in Nos. 81-2276 and 81-2279.

V. Peter Wynne, was on brief, for Atlantic Richfield Co., amicus curiae, urging reversal in Nos. 81-2276 and 81-2279.

Milton D. Andrews and Lance E. Tunick, Washington, D.C., were on brief for Auto. Importers of America, Inc., amicus curiae, urging reversal in Nos. 81-2276 and 81-2279.

Before TAMM, WALD and MIKVA, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge.

Petitioners1 seek review of a decision of the Administrator of the Environmental Protection Agency (the "Administrator" or the "EPA") to grant a waiver of the Clean Air Act's (the "Act") restrictions on new fuels or fuel additives, see 42 U.S.C. § 7545(f)(4), to American Methyl Corporation

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