MERCEDES-BENZ OF NORTH AMERICA v. NHTSA

No. 89-1762.

938 F.2d 294 (1991)

MERCEDES-BENZ OF NORTH AMERICA, INC., Petitioner, v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, Respondent, General Motors Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 1991.


Attorney(s) appearing for the Case

David A. Vaughan, with whom Elliot B. Staffin was on the brief, Washington, D.C., for petitioner.

Kenneth N. Weinstein, Asst. Chief Counsel, Nat. Highway Traffic Safety Admin., with whom Stuart M. Gerson, Asst. Atty. Gen., Paul Jackson Rice, Chief Counsel and Enid Rubenstein, Atty., Nat. Highway Traffic Safety Admin. were on the brief, Washington, D.C., for respondent. Stephen Wood, Atty., Nat. Highway Traffic Safety Admin., Washington, D.C., also entered an appearance for respondent.

John Gibson Mullan, Washington, D.C., with whom Dennis R. Minano and Thomas L. Arnett were on the brief, Detroit, Mich., for intervenor.

Before MIKVA, Chief Judge, and WILLIAMS and THOMAS, Circuit Judges.


Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

In 1975 Congress designed a system to reduce American energy consumption through corporate average fuel economy ("CAFE") standards for cars. See Title III of the Energy Policy and Conservation Act, Pub.L. No. 94-163, 89 Stat. 901 (1975), adding § 502 et seq. to the Motor Vehicle Information and Cost Savings Act,...

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