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MOTOR VEHICLE MFRS v. JORLING

181 A.D.2d 83 (1992)

In the Matter of Motor Vehicle Manufacturers Association of the United States Inc. et al., Appellants, v. Thomas C. Jorling, as Commissioner of the Department of Environmental Conservation of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 25, 1992

Attorney(s) appearing for the Case

Harter, Secrest & Emery (Anthony R. Palermo and William H. Helfrich III of counsel), for appellants.

Robert Abrams, Attorney-General (Joan Leary Matthews and Helene G. Goldberger of counsel), for respondents.

James T.B. Tripp for Environmental Defense Fund, and David R. Wooley for Center for Environmental and Legal Studies and another, amici curiae.

WEISS, P. J., LEVINE, MERCURE and CASEY, JJ., concur.

MIKOLL, J.

The primary question presented on this appeal is whether Supreme Court properly held that the ECL confers upon the Department of Environmental Conservation (hereinafter DEC) authority to promulgate new regulations (6 NYCRR part 218) governing tailpipe emissions on new motor vehicles.1

In 1990, based upon a review of certain...

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