ANDERSON SHIPPING CO. v. E.P.A.

No. 87-1705.

852 F.2d 1387 (1988)

ANDERSON SHIPPING COMPANY, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Lee M. Thomas, Administrator, and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 5, 1988.


Attorney(s) appearing for the Case

Richard A. Kulics, Birmingham, Ala., for petitioners.

Peter W. Colby, Atty., Dept. of Justice, with whom Roger J. Marzulla, Asst. Atty. Gen., Dept. of Justice, and Ralph Colleli, Atty., E.P.A., Washington, D.C., were on the brief, for respondents.

Before ROBINSON, RUTH BADER GINSBURG, and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

In September of 1987, the Environmental Protection Agency ("EPA"), issued new regulations drastically revising the existing regulatory program for importation of vehicles not certified as conforming to federal emission requirements (nonconforming vehicles) under the Clean Air Act, 42 U.S.C. §§ 7401-7642 ("the Act"). Petitioners, corporations engaged in the business of...

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