MOTOR VEHICLE MFRS. v. NYS DEPT. OF ENV. CONS.

No. 92-CV-869.

810 F.Supp. 1331 (1993)

The MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF the UNITED STATES, INC. and the Association of International Automobile Manufacturers, Inc., Plaintiffs, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, and Thomas C. Jorling, Commissioner of Environmental Conservation of the State of New York, Defendants, American Petroleum Institute, Environmental Defense Fund, and New York State Electric & Gas, Intervenor-Defendants.

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

As Amended January 26, 1993.


Attorney(s) appearing for the Case

Kirkland, Ellis Law Firm, Washington, DC (Daniel F. Attridge, of counsel), for plaintiff.

Robert Abrams, Atty. Gen., State of N.Y., Albany, NY (Joan Leary Matthews, Asst. Atty. Gen., Helene G. Goldberger, Asst. Atty. Gen., of counsel), for New York State defendants.

Morgan, Lewis Law Firm, Washington, DC (William H. Lewis, Jr., David Deal, of counsel), for intervenor-defendant, American Petroleum Institute.

Environmental Defense Fund National Headquarters New York City (James T.B. Tripp, of counsel), for intervenor-defendant, Environmental Defense Fund.

Huber, Lawrence Law Firm, New York City (Seth A. Davis, Dana J. Reifler, of counsel), for intervenor-defendant, New York State Elec. & Gas.

Attorneys General of Massachusetts, Maine, Maryland, New Jersey, Rhode Island and Vermont and Long Island Lighting Co., Hicksville, NY, as amici.


MEMORANDUM-DECISION & ORDER

McAVOY, District Judge.

                                Table of Contents

I.   Introduction .................................................................. 1335
II.  Statutory Scheme .............................................................. 1336
     A. National Ambient Air Quality Standards ..................................... 1336
     B. Regulation...

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