AMERICAN AUTOMOBILE MANUFACTURERS ASSOCIATION and Association of International Automobile Manufacturers, Inc., Plaintiffs-Appellants,
v.
John P. CAHILL, Acting Commissioner of the New York State Department of Environmental Conservation, and Dennis C. Vacco, Attorney General of the State of New York, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 10, 1997.
Decided August 11, 1998.
Attorney(s) appearing for the Case
Phillip A. Lacovara, Mayer, Brown & Platt, New York City (Norman R. Williams II, Mayer, Brown & Platt; Edward W. Warren, Stuart A.C. Drake, Gary E. Marchant, Kirkland & Ellis, Washington, DC; Phillip D. Brady, V. Mark Slywynsky, American Automobile Manufacturers Association; Charles H. Lockwood, John T. Whatley, Association of International Automobile Manufacturers, Inc., of counsel) for Plaintiffs-Appellants.
James M. Tierney, Assistant Attorney General of the State of New York, New York City (Dennis C. Vacco, Attorney General; Barbara G. Billet, Solicitor General; Peter H. Schiff, Deputy Solicitor General; Lisa M. Burianek, Assistant Attorney General, of counsel) for Defendants-Appellees.
Jed R. Mandel, Neal, Gerber & Eisenberg, Chicago, Illinois (Timothy A. French, of counsel) for amicus curiae Engine Manufacturers Association in support of Plaintiffs-Appellants.
Lois R. Phillips, Helm, Shapiro, Anito & McCale, P.C., Albany, New York (Lawrence F. Anito, Jr., of counsel) for amici curiae New York State Automobile Dealers, Inc. and National Automobile Dealers Association in support of Plaintiffs-Appellants.
Paul A. Crotty, Corporation Counsel of the City of New York, New York City (Stephen J. McGrath, Susan E. Amron, Marjorie L. Fox, of counsel) for amicus curiae City of New York in support of Defendants-Appellees.
Frederick D. Augenstern, Assistant Attorney General of the Commonwealth of Massachusetts (Scott Harshbarger, Attorney General; William L. Pardee, Assistant Attorney General, of counsel) for amicus curiae Commonwealth of Massachusetts in support of Defendants-Appellees.
John W. Caffry, Glens Falls, New York (Louise G. Roback, of counsel) for amici curiae Environmental Advocates, Natural Resources Defense Council, American Lung Association, and Natural Resources Council of Maine in support of Defendants-Appellees.
Before: WINTER, Chief Judge, and McLAUGHLIN, Circuit Judge.
United States Court of Appeals, Second Circuit.
WINTER, Chief Judge:
The American Automobile Manufacturers Association and the Association of International Automobile Manufacturers, Inc. (collectively, the "Manufacturers") appeal from Judge Kahn's dismissal of their action challenging New York's requirement that sales of zero-emission vehicles ("ZEVs") comprise a certain percentage of new-light-duty-vehicle sales in New York for model years 1998-2002. The district court granted summary judgment against them on...
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