CENTER FOR AUTO SAFETY v. N.H.T.S.A.

No. 85-1231.

793 F.2d 1322 (1986)

CENTER FOR AUTO SAFETY, et al., Petitioners, v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, et al., Respondents, General Motors Corporation, Automobile Importers of America, Inc., Ford Motor Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 1986.


Attorney(s) appearing for the Case

Cornish F. Hitchcock, with whom Alan B. Morrison and Clarence M. Ditlow, III, Washington, D.C., were on brief, for petitioners. Katherine I. Hall, Washington, D.C., also entered an appearance, for petitioners.

Enid Rubenstein, Atty., Nat. Highway Traffic Safety Admin., with whom Richard K. Willard, Acting Asst. Atty. Gen., Dept. of Justice, David W. Allen and Stephen P. Wood, Asst. Chief Counsels, Nat. Highway Traffic Safety Admin., John F. Cordes, Marleigh D. Dover, Attys., Dept. of Justice and J. Edward Glancy, Atty., Nat. Highway Traffic Safety Admin., Washington, D.C., were on brief, for respondents.

Howard P. Willens, with whom Raymond C. Clevengar, III, Washington, D.C., Paula Winkler-Doman and James A. Brown, Dearborn, Mich., were on brief, for intervenor, Ford Motor Co. Bruce M. Berman, Washington, D.C., also entered an appearance, for intervenor, Ford Motor Co.

Milton D. Andrews, Lance E. Tunick, Washington, D.C., William L. Weber, Jr. and Thomas L. Arnett, Detroit, Mich., were on brief, for intervenors, Auto. Importers of America, Inc. and Gen. Motors Corp.

Before EDWARDS, SCALIA and BUCKLEY, Circuit Judges.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Dissenting opinion filed by Circuit Judge SCALIA.

HARRY T. EDWARDS, Circuit Judge:

The National Highway Traffic Safety Administration ("NHTSA") is required to set mandatory fuel economy standards for passenger cars and light trucks pursuant to the Energy Policy and Conservation Act of 1975 ("EPCA").1 In October 1984, NHTSA issued a final rule that amended its...

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