IN RE CENTER FOR AUTO SAFETY

No. 85-1348.

793 F.2d 1346 (1986)

In re CENTER FOR AUTO SAFETY, et al., Petitioners.

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.

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

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 by the Energy Policy and Conservation Act ("EPCA") to promulgate fuel economy standards for light trucks 18 months before the start of each model year.1 In June 1985, after the agency repeatedly missed this...

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