AMERICAN AUTOMOBILE MANUFACTURERS ASSOCIATION, et al., Plaintiffs, Appellants,
v.
COMMISSIONER, MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al., Defendants, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard April 5, 1994.
Decided August 3, 1994.
Attorney(s) appearing for the Case
Edward W. Warren, with whom Daniel F. Attridge, Stuart A.C. Drake, Gary E. Marchant, Kirkland & Ellis, Robert F. Sylvia, Eric F. Eisenberg, Hinckley, Allen & Snyder, Phillip D. Brady, V. Mark Slywynsky, Of Counsel, American Auto. Mfrs. Ass'n, Charles H. Lockwood, and John T. Whatley, Of Counsel, Ass'n of Intern. Auto. Mfrs., Inc., were on brief, for appellants.
James R. Milkey, Asst. Atty. Gen., Deputy Chief, Environmental Protection Div., with whom Scott Harshbarger, Atty. Gen. of the Com. of Massachusetts, and David G. Bookbinder, Asst. Atty. Gen., were on brief for appellee Comm'r, Massachusetts Dept. of Environmental Protection.
William H. Lewis, Jr., Hunter L. Prillaman, Morgan, Lewis & Bockius, Paul F. Ware, Jr., Michael J. Meagher, Scott L. Robertson, Goodwin, Procter & Hoar, G. William Frick, and David T. Deal, Of Counsel, American Petroleum Institute on brief, for appellee American Petroleum Institute.
Lois J. Schiffer, Acting Asst. Atty. Gen., David C. Shilton, Timothy J. Dowling, Attys., Environment and Natural Resources Div., Jean C. Nelson, Gen. Counsel, Alan W. Eckert, Associate Gen. Counsel, and Michael J. Horowitz, Atty., Office of Gen. Counsel, U.S.E.P.A., on brief for the U.S., amicus curiae.
Jacqueline M. Warren, and Berle, Kass & Case on brief for American Lung Ass'n, Natural Resources Defense Council, and Conservation Law Foundation, amici curiae.
G. Oliver Koppel, Atty. Gen. of State of N.Y., Peter H. Schiff, Deputy Sol., Val Washington, Joan Leary Matthews, Helene G. Goldberger, Asst. Attys. Gen., Michael E. Carpenter, Atty. Gen., of the State of Me., Sarah Roberts Walton, Asst. Atty. Gen., Jeffrey L. Amestoy, Atty. Gen. of the State of Vt., J. Wallace Malley, Jr., Deputy Atty. Gen., Jeffrey B. Pine, Atty. Gen. of the State of R.I., and Michael Rubin, Asst. Atty. Gen. and Environmental Advocate, on brief for the States of N.Y., Me., Vt., and R.I., amici curiae.
Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.
United States Court of Appeals, First Circuit.
BOWNES, Senior Circuit Judge.
Plaintiffs-appellants, the Massachusetts State Automobile Dealers Association, Inc. and two trade groups of automobile manufacturers, appeal from an order denying their request for a preliminary injunction. Plaintiffs seek to stall the implementation of motor vehicle tailpipe emissions regulations adopted by defendant-appellee, the Commissioner of the Massachusetts Department of Environmental Protection (DEP). See Mass. Regs.Code...
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