The MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF the UNITED STATES, INC. and Association of International Automobile Manufacturers, Inc., Plaintiffs-Appellants,
v.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION and Langdon Marsh, Commissioner, Defendants-Appellees, and
Environmental Defense Fund, Inc., American Petroleum Institute and New York State Electric & Gas Corporation, Defendants-Intervenors-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued May 8, 1995.
Decided January 10, 1996.
Attorney(s) appearing for the Case
Daniel F. Attridge, Washington, D.C. (Edward W. Warren, Stuart A.C. Drake, Gary E. Marchant, Kirkland & Ellis, Washington, D.C.; Phillip D. Brady, V. Mark Slywynsky, American Automobile Manufacturers Association, Detroit, Michigan; Charles H. Lockwood, John T. Whatley, Association of International Automobile Manufacturers, Inc., Rosslyn, Virginia, of counsel), for Plaintiffs-Appellants.
Joan Leary Matthews, Assistant Attorney General, Albany, New York (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Val Washington, Assistant Attorney General, New York State Department of Law, Albany, New York, of counsel), for Defendants-Appellees; (James T.B. Tripp, New York City, for Environmental Defense Fund, Inc.; William H. Lewis, Jr., Hunter L. Prillaman, Morgan, Lewis & Bockius, Washington, D.C., G. Kimball Williams, Jeffrey L. Culkin, McNamee, Lochner, Titus & Williams, P.C., Albany, New York, G. William Frick, David T. Deal, American Petroleum Institute, Washington, D.C., for American Petroleum Institute; Seth A. Davis, Michael G. Psareas, Huber Lawrence & Abell, New York City, for New York State Electric & Gas Corp., all of counsel, and on the brief), for Intervenors-Defendants-Appellees.
Richard A. Kassel, New York City (Natural Resources Defense Council, New York City, of counsel), filed a brief on behalf of American Lung Association; Environmental Advocates; Natural Resources Defense Council; League of Women Voters of New York State as amici curiae.
Timothy J. Dowling, Washington, D.C. (Lois J. Schiffer, Assistant Attorney General, David C. Shilton, U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C.; Jean C. Nelson, General Counsel, Alan W. Eckert, Associate General Counsel, Michael J. Horowitz, Office of General Counsel, U.S. Environmental Protection Agency, Washington, D.C., of counsel), filed a brief on behalf of the United States as amicus curiae.
David Bookbinder, Assistant Attorney General, Boston, Massachusetts (Scott Harshbarger, Attorney General, William L. Pardee, Assistant Attorney General, Boston, Massachusetts; Richard Blumenthal, Attorney General, Brian Commerford, Assistant Attorney General, Hartford, Connecticut; Jeffrey B. Pine, Attorney General, Michael Rubin, Assistant Attorney General, Providence, Rhode Island; Jeffrey L. Amestoy, Attorney General, J. Wallace Malley, Jr., Deputy Attorney General, Montpelier, Vermont, of counsel), filed a brief on behalf of Massachusetts, Connecticut, Rhode Island, and Vermont as amici curiae.
Before NEWMAN, Chief Judge CARDAMONE, and PARKER, Circuit Judges.
United States Court of Appeals, Second Circuit.
CARDAMONE, Circuit Judge:
Plaintiffs associations of American and foreign automobile manufacturers appeal from the summary judgment dismissal of the only remaining count of their action against the New York State Department of Environmental Conservation (DEC) and its Commissioner, Langdon Marsh, by the United States District Court for the Northern District of New York (McAvoy, C.J.). Plaintiffs have sought through this litigation to prevent the adoption by New York...
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