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NYS AUTO. DEALERS ASS'N v. NYS DEPT. OF ENV. CONS.

No. 93-CV-659.

827 F.Supp. 895 (1993)

The NEW YORK STATE AUTOMOBILE DEALERS ASSOCIATION, Syracuse Auto Dealers Association, Inc., Rochester Auto Dealers Association, Inc., Niagara Frontier Auto Dealers Association, Inc., and Capital Region Auto Dealers Association, Inc., Plaintiffs, v. The NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION and Thomas C. Jorling, Commissioner, Defendants.

United States District Court, N.D. New York.

Order Denying Reconsideration August 27, 1993.

Attorney(s) appearing for the Case

Whiteman, Osterman Law Firm, Albany, NY (Jonathan P. Nye, of counsel), for plaintiffs.

Robert Abrams, Atty. Gen., Albany, NY (Joan Leary Matthews, Val E. Washington, Helene G. Goldberger, Asst. Attys. Gen., of counsel), for defendants.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

Plaintiffs challenge the new motor vehicle emission regulations for model year 1994 vehicles ("1994 standards") contained at 6 N.Y.C.R.R. Part 218 ("Part 218 Regulations"), which were adopted by the New York State Department of Environmental Conservation (DEC). Like the plaintiffs in MVMA v. Jorling, 810 F.Supp. 1331 (1993), the instant plaintiffs allege that...

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