ENGINE MANUFACTURERS ASSOCIATION, on Behalf of Certain of its Members, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY and Carol M. Browner, Administrator, U.S. Environmental Protection Agency, Respondents,
Hertz Equipment Rental Corporation and Ingersoll-Rand, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 5, 1995.
Decided July 12, 1996.
Attorney(s) appearing for the Case
David M. Friedland, Raleigh, NC, argued the cause and filed the brief, for petitioner National Mining Association.
Alan H. McConnell, Raleigh, NC, argued the cause, for petitioners and intervenors Equipment Manufacturers Institute, Ford New Holland, Inc., Hertz Equipment Rental Corporation, and Ingersoll-Rand, Portable Compressor Division.
Timothy A. French argued the cause, for petitioner Engine Manufacturers Association with whom Gary H. Baise, Washington, DC, Jed R. Mandel, Chicago, IL, and Melissa M. Thompson, Boston, MA, were on the briefs.
Norman W. Fichthorn entered an appearance, Washington, DC, for petitioners Hertz Equipment Rental Corporation and Ingersoll-Rand.
Naikang Tsao, Attorney, U.S. Department of Justice, Washington, DC, argued the cause, for respondents, with whom Lois J. Schiffer, Assistant Attorney General, Washington, DC, Jonathan Z. Cannon, General Counsel, Environmental Protection Agency, and Michael J. Horowitz, Attorney, Brooklyn, NY, were on the brief.
Michael L. Terris, Senior Staff Counsel, California Air Resources Board, was on the brief, Sacramento, CA, for amicus curiae.
Before: GINSBURG, ROGERS and TATEL, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge ROGERS.
Opinion concurring in part and dissenting in part filed by Circuit Judge TATEL.
ROGERS, Circuit Judge:
Two different sets of consolidated petitions challenge two final rules on emissions from nonroad engines and vehicles adopted by the Environmental Protection Agency ("EPA") to implement sections 209(e) and 213 of the Clean Air Act, 42 U.S.C. §§ 7401-7671q (1994) ("CAA"), as revised by...
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