COMPETITIVE ENTERPRISE INSTITUTE v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

Nos. 86-1646, 89-1278.

901 F.2d 107 (1990)

COMPETITIVE ENTERPRISE INSTITUTE, et al., Petitioners, v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, Respondent, Automobile Importers of America, Inc., Ford Motor Company, General Motors Corporation, Intervenors. COMPETITIVE ENTERPRISE INSTITUTE and Consumer Alert, Petitioners, v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, Respondent, General Motors Corporation, Automobile Importers of America, Inc., Ford Motor Company, the City of New York, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 1990.


Attorney(s) appearing for the Case

Sam Kazman for petitioners Competitive Enterprise Institute, et al., in Nos. 86-1646 and 89-1278.

John A. Bryson and Barbara C. Biddle, Attys., Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., Dirk D. Snel, John F. Cordes, Attys., Dept. of Justice, Kenneth N. Weinstein and Susan L. Rives, Attys., Nat. Highway Traffic Safety Admin., Washington, D.C., were on the joint brief for respondent.

Edward W. Warren, with whom Frederick M. Rowe, John Gibson Mullan, Washington, D.C., Thomas L. Arnett, Detroit, Mich., for Gen. Motors Corp., Charles H. Lockwood, II and John T. Whatley, for Auto. Importers of America, Inc., James A. Brown, for Ford Motor Co., were on the joint brief for intervenors Gen. Motors Corp., et al., in all cases. Arthur F. Sampson, III, David Norrell, Washington, D.C. and William L. Weber, Jr., also entered appearances for Gen. Motors Corp.

Peter L. Zimroth, New York City, was on the brief for intervenor, City of New York in No. 89-1278.

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


Opinion for the Court filed by Chief Judge WALD.

Concurring opinion filed by Circuit Judge D.H. GINSBURG.

PETITION FOR REVIEW OF ORDERS OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

WALD, Chief Judge:

Competitive Enterprise Institute ("CEI")1 and Consumer Alert2 petitioned this court for review of orders of the National Highway Traffic Safety Administration ("NHTSA") lowering...

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