CONSUMER FEDERATION OF AMERICA v. CONSUMER PRODUCT SAFETY COMMISSION

No. 91-1551.

990 F.2d 1298 (1993)

CONSUMER FEDERATION OF AMERICA and United States Public Interest Research Group, Petitioners, v. CONSUMER PRODUCT SAFETY COMMISSION, Respondent, All-Terrain Vehicle Distributors, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 9, 1993.


Attorney(s) appearing for the Case

Leslie A. Brueckner, New York City, with whom Alan B. Morrison, David C. Vladeck, and Katherine A. Meyer, Washington, DC, were on the brief, for petitioners.

Margot E. de Ferranti, of the bar of the District of Columbia Court of Appeals, pro hac vice, by special leave of the court, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty. at the time the brief was filed, Robert S. Greenspan, Atty. Department of Justice, Daniel S. Lemberg, Asst. Gen. Counsel, Harleigh P. Ewell and Leonard H. Goldstein, Attys., Consumer Product Safety Com'n, Washington, DC.

Howard P. Willens, Theodore C. Whitehouse, Mark L. Gerchick, Harry W. Cladouhos, and Charles A. Hunnicutt, Washington, DC, were on the joint brief, for intervenors, American Honda Motor Co., Inc., Yamaha Motor Corp., USA, Kawasaki Motors Corp., USA, American Suzuki Motor Corp., and Polaris Industries, L.P.

Before: WALD, RUTH BADER GINSBURG, and D.H. GINSBURG, Circuit Judges.


Opinion for the court filed by Circuit Judge RUTH BADER GINSBURG.

Concurring opinion filed by Circuit Judge D.H. GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

In September 1991, the Consumer Product Safety Commission (CPSC or Commission) terminated a rulemaking proceeding commenced in May 1985 to address risks associated with all-terrain vehicles (ATVs). Petitioning for judicial review, Consumer Federation of America and United States Public Interest...

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