NATURAL RESOURCES DEFENSE COUNCIL, et al., Petitioners,
v.
Lee M. THOMAS, Administrator, Environmental Protection Agency, et al., Respondents,
Engine Manufacturers Association, Motor Vehicle Manufacturers Association, et al., International Harvester Company, People of the State of California, Intervenors.
ENGINE MANUFACTURERS ASSOCIATION on Behalf of CATERPILLAR TRACTOR COMPANY, et al., Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents,
International Harvester Company, Natural Resources Defense Council, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 9, 1986.
Decided November 7, 1986.
As Amended November 7, 1986.
Attorney(s) appearing for the Case
David D. Doniger, Washington, D.C., for Natural Resources Defense Council, et al., petitioners in No. 85-1294 and intervenors in No. 85-1296.
Thomas S. Martin, Washington, D.C., with whom Jed R. Mandel, Chicago, Ill., and Christopher S. Vaden, Washington, D.C., were on the brief, for Engine Mfrs. Ass'n, petitioner in No. 85-1296 and intervenor in No. 85-1294.
David E. Dearing, Atty., Dept. of Justice, with whom Francis S. Blake, Gen. Counsel, Gerald K. Gleason, Asst. Gen. Counsel, Nancy A. Ketcham-Colwill and Ralph J. Colleli, Jr., Attys., E.P.A., Washington, D.C., were on the brief, for respondents in Nos. 85-1294 and 85-1296.
Laurence H. Levine, Chicago, Ill., for Intern. Harvester Co., intervenor in Nos. 85-1294 and 85-1296.
Theodora Berger, Asst. Atty. Gen. and Susan L. Durbin, Deputy Atty. Gen., State of Cal., Los Angeles, Cal., were on the brief for the People of the State of Cal., intervenor in No. 85-1294.
V. Mark Slywynsky, Detroit, Mich., was on the brief for Motor Vehicle Mfrs. Ass'n, intervenor in No. 85-1294. William H. Crabtree, Detroit, Mich., Paula Winkler-Doman, Dearborn, Mich., and Gary P. Toth, Detroit, Mich., also entered appearances for Motor Vehicle Mfrs. Ass'n.
Daniel R. Barney, Robert A. Hirsch and William S. Busker, Alexandria, Va., were on the brief for amicus curiae, American Trucking Ass'n, Inc., urging denial of Natural Resources Defense Council's petition for review.
Before WALD, Chief Judge, MIKVA, Circuit Judge, and LEIGHTON, Senior District Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Chief Judge WALD.
WALD, Chief Judge:
The Clean Air Act Amendments of 1977 mandated for the first time emissions reduction for heavy duty motor vehicles. Congress required the Environmental Protection Agency to set standards for both gaseous and particulate matter emissions. After years of delay, and pursuant to an order of the District Court for the District of Columbia, the agency issued a notice of proposed rulemaking in 1984...
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