COMPETITIVE ENTERPRISE INSTITUTE v. NHTSA

No. 89-1422.

956 F.2d 321 (1992)

COMPETITIVE ENTERPRISE INSTITUTE and Consumer Alert, Petitioners, v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, Respondent, General Motors Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 1992.


Attorney(s) appearing for the Case

Sam Kazman, Washington, D.C., for petitioners.

Paul Jackson Rice, Chief Counsel, National Highway Traffic Safety Admin., with whom Stuart M. Gerson, Asst. Atty. Gen., and Barbara C. Biddle, Attorney, Dept. of Justice, Kenneth N. Weinstein, Asst. Chief Counsel, Enid Rubenstein and Eileen T. Leahy, Attys., National Highway Traffic Safety Admin., Washington, D.C., were on the brief, for respondent. Susan L. Rives, Atty., National Highway Traffic Safety Admin., and John F. Cordes, Attorney, Dept. of Justice, Washington, D.C., also entered appearances for respondent.

Thomas L. Arnett, Detroit, Mich., Edward W. Warren and John G. Mullan, Washington, D.C., entered appearances, for intervenor.

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


Opinion for the Court filed by Circuit Judge WILLIAMS.

Opinion dissenting in part filed by Chief Judge MIKVA.

STEPHEN F. WILLIAMS, Circuit Judge:

Choice means giving something up. In deciding whether to relax the previously established "corporate average fuel economy" ("CAFE") standard for model year 1990, the National Highway Traffic Safety Administration ("NHTSA") confronted a record suggesting that refusal to do so would exact some penalty in auto...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases