STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al., Petitioners,
v.
Elizabeth DOLE, Secretary of the Department of Transportation, et al., Respondents.
AMERICAN INSURANCE ASSOCIATION, Petitioner,
v.
Elizabeth DOLE, Secretary of the Department of Transportation; the Department of Transportation; Diane Steed, Administrator of the National Highway Traffic Safety Administration; and the National Highway Traffic Safety Administration, Respondents.
NATIONWIDE MUTUAL INSURANCE COMPANY, Petitioner,
v.
Elizabeth DOLE, Secretary of the Department of Transportation; the Department of Transportation; Diane Steed, Administrator of the National Highway Traffic Safety Administration; and the National Highway Traffic Safety Administration, Respondents.
NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, Petitioner,
v.
Elizabeth DOLE, Secretary of the Department of Transportation; the Department of Transportation; Diane Steed, Administrator of the National Highway Traffic Safety Administration; and the National Highway Traffic Safety Administration, Respondents.
The STATE OF NEW YORK, Robert Abrams, Attorney General of the State of New York, James P. Corcoran, Superintendent of Insurance of the State of New York and the New York State Department of Insurance, Petitioners,
v.
Elizabeth DOLE, Secretary of the Department of Transportation, et al., Respondents.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 11, 1986.
Decided September 18, 1986.
Attorney(s) appearing for the Case
James F. Fitzpatrick, with whom Michael N. Sohn, John M. Quinn, Merrick B. Garland and Charles A. Taylor, III, Washington, D.C., were on the brief, for petitioners, State Farm Mut. Auto. Ins. Co., et al. in Nos. 84-1301, 84-1459 and 84-1460.
Melvin Goldberg, with whom Robert Abrams, Peter Bienstock, Paul M. Glickman and Daniel D. Kaplan, New York City, were on the brief, for petitioners, The State of N.Y., et al. in No. 84-1462.
Robert H. Myers, Jr., Washington, D.C., was on the brief, for petitioner, Nat. Ass'n of Ins. Com'rs in No. 84-1461.
Douglas Letter, Atty., Dept. of Justice, with whom Richard K. Willard, Acting Asst. Atty. Gen., Dept. of Justice, Kenneth N. Weinstein, Deputy Asst. Gen. Counsel, Dept. of Transp., Frank Berndt, Chief Counsel, Nat. Highway Traffic Safety Admin., Paul Blankenstein, Atty., Dept. of Justice and Stephen P. Wood, Atty., Nat. Highway Traffic Safety Admin., Washington, D.C., were on the brief, for respondents in Nos. 84-1301, 84-1459, 84-1460, 84-1461 and 84-1462.
Christopher D. Coppin, Asst. Atty. Gen., State of N.M., Albuquerque, N.M., was on the brief, for amicus curiae, The State of N.M. urging reversal in Nos. 84-1301, 84-1459, 84-1460 and 84-1461.
Philip R. Collins, Washington, D.C., was on the brief, for amicus curiae, Automotive Occupant Protection Ass'n urging reversal in Nos. 84-1301, 84-1459, 84-1460 and 84-1461.
Debbie M. Zuckerman was on the brief, for amicus curiae, Epilepsy Foundation of America, urging reversal in Nos. 84-1301, 84-1459, 84-1460 and 84-1461.
Dennis J. Barbour, Roanoke, Va., was on the brief, for amicus curiae, American Academy of Pediatrics, et al. urging reversal in Nos. 84-1301, 84-1459, 84-1460 and 84-1461.
Jerris Leonard, Washington, D.C., was on the brief, for amicus curiae, Conference of Ins. Legislators urging reversal in Nos. 84-1301, 84-1459, 84-1460 and 84-1461.
Before MIKVA, SCALIA and STARR, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STARR.
Opinion concurring in part and dissenting in part filed by Circuit Judge MIKVA.
STARR, Circuit Judge:
These consolidated cases bring us once more into the long-standing controversy over the Department of Transportation's regulations with respect to "passive restraints" in automobiles. Unlike its most recent predecessor, the rule at issue requires the phased-in installation of automatic (i.e., passive...
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