CENTER FOR AUTO SAFETY v. THOMAS

No. 85-1515.

806 F.2d 1071 (1986)

CENTER FOR AUTO SAFETY, et al., Petitioners, v. Lee M. THOMAS, Administrator, Environmental Protection Agency, et al., Respondents, Automobile Importers of America, Inc., Ford Motor Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 2, 1986.

As Amended December 2, 1986.

Rehearing Granted February 6, 1987.


Attorney(s) appearing for the Case

Cornish F. Hitchcock, with whom Alan B. Morrison and Clarence M. Ditlow, III, Washington, D.C., were on the brief for petitioners.

Nancy A. Ketcham-Colwill, Atty., E.P.A., with whom Francis S. Blake, Gen. Counsel, Peter Wyckoff, Acting Associate Gen. Counsel, Gerald K. Gleason, Asst. Gen. Counsel, E.P.A., and John F. Cermak, Jr., Attorney, Dept. of Justice, Washington, D.C., were on the brief for respondents.

Hal D. Cooper, with whom Dennis M. Kelly, Robert C. Kahrl, Cleveland, Ohio, Blake A. Biles, Charles P. Murdter, Washington, D.C., Charles H. Lockwood, II, Detroit, Mich., Paula Winkler-Doman, Dearborn, Mich., William L. Weber, Jr., and Thomas L. Arnett, Detroit, Mich., were on the brief for intervenors, Automobile Importers of America, Inc., Ford Motor Co. and General Motors Corp.

Before WALD, Chief Judge, RUTH B. GINSBURG and BORK, Circuit Judges.


Rehearing En Banc Granted February 6, 1987.*

Opinion for the Court filed by Chief Judge WALD.

Concurring opinion filed by Circuit Judge BORK.

WALD, Chief Judge:

The Environmental Protection Agency ("EPA") is responsible for testing the fuel efficiency of automobiles to be marketed in the United States, and for reporting the corporate average fuel economy ("CAFE") rating of each manufacturer's sales fleet to the...

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