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NATURAL RESOURCES DEFENSE COUNCIL v. REILLY

Nos. 92-1137, 92-1142, 92-1157, 92-1222, 92-1260, 92-1243.

983 F.2d 259 (1993)

NATURAL RESOURCES DEFENSE COUNCIL and Center for Auto Safety, Petitioners, v. William K. REILLY, Administrator, United States Environmental Protection Agency, and United States Environmental Protection Agency, Respondents, Association of International Automobile Manufacturers, Inc., Motor Vehicle Manufacturers Association of the United States, Inc., Intervenors, EAST COAST OIL CORPORATION and Sheetz, Incorporated, Petitioners, v. William K. REILLY, in His Capacity as Administrator of the United States Environmental Protection Agency, Respondent, Association of International Automobile Manufacturers, Inc., Motor Vehicle Manufacturers Association of the United States, Inc., Intervenors, AMERICAN PETROLEUM INSTITUTE, Petitioner, v. William K. REILLY, Administrator, United States Environmental Protection Agency, and United States Environmental Protection Agency, Respondents, NATURAL RESOURCES DEFENSE COUNCIL and Center for Auto Safety, Petitioners, v. William K. REILLY, Administrator, United States Environmental Protection Agency, and United States Environmental Protection Agency, Respondents, EAST COAST OIL CORPORATION and Sheetz, Incorporated, Petitioners, v. William K. REILLY, Administrator, in His Capacity as Administrator of the United States Environmental Protection Agency, Respondent, AMERICAN PETROLEUM INSTITUTE, Petitioner, v. William K. REILLY, Administrator, United States Environmental Protection Agency, and United States Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided January 22, 1993.

Attorney(s) appearing for the Case

Howard I. Fox, with whom David D. Doniger, Michael D. Sherman, J. Keith Ausbrook, Douglas Morris and Alice Crowe, Washington, DC, were on the brief, for petitioners.

David J. Kaplan, Atty., U.S. Dept. of Justice, with whom Alan W. Eckert, Associate Gen. Counsel, Nancy Ketcham-Colwill, Asst. Gen. Counsel, and Steven E. Silverman, Atty., Office of Gen. Counsel, U.S.E.P.A., Washington, DC, were on the brief, for respondents.

Charles H. Lockwood and John T. Whatley, Arlington, VA, entered an appearance for intervenor, Ass'n of Intern. Auto. Mfrs., Inc.

Kenneth S. Geller, Erika Z. Jones, Evan M. Tager, Washington, DC, and William Crabtree entered an appearance for intervenor, Motor Vehicle Mfrs. Ass'n of the U.S. Inc.

Before HARRY T. EDWARDS, RUTH BADER GINSBURG and STEPHEN F. WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Concurring opinion filed by Circuit Judge STEPHEN F. WILLIAMS.

HARRY T. EDWARDS, Circuit Judge:

The 1990 amendments to the Clean Air Act ("CAA") altered section 202(a)(6) to require the Environmental Protection Agency ("EPA"), after "consultation" with the Department of Transportation ("DOT"), to promulgate standards by November 15, 1991, that...

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