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INTERNATIONAL AUTO. MFRS. v. COMMISSIONER

Nos. 98-1036, 99-2245.

208 F.3d 1 (2000)

ASSOCIATION OF INTERNATIONAL AUTOMOBILE MANUFACTURERS, INC., Daimlerchrysler Corporation, Ford Motor Company, General Motors Corporation and Massachusetts State Automobile Dealers Association, Inc., Plaintiffs, Appellees, v. COMMISSIONER, MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION, Defendant, Appellant. Alliance of Automobile Manufacturers; Association of International Automobile Manufacturers, Inc., Petitioners, v. United States Environmental Protection Agency, Respondent. Commonwealth of Massachusetts, Intervenor.

United States Court of Appeals, First Circuit.

Decided March 27, 2000.

Attorney(s) appearing for the Case

Thomas F. Reilly, Attorney General of Massachusetts and William L. Pardee, Assistant Attorney General, Environmental Protection Division on supplemental brief, for the Massachusetts Department of Environmental Protection.

Edward W. Warren, Robert R. Gasaway, Jeffrey Bossert Clark, Daryl Joseffer, Kirkland & Ellis, Robert F. Sylvia, Eric F. Eisenberg, Hinckley, Allen & Snyder, Julie C. Becker and Charles H. Lockwood on supplemental brief, for Alliance of Automobile Manufacturers, Association of International Automobile Manufacturers, Inc., DaimlerChrysler Corporation, Ford Motor Company and General Motors Corporation.

Before TORRUELLA, Chief Judge, CYR, Senior Circuit Judge, and STAHL, Circuit Judge.

TORRUELLA, Chief Judge.

These consolidated appeals present an important issue of federal preemption under the Clean Air Act. Pursuant to § 177 of that act, the Commonwealth of Massachusetts adopted a set of automobile emission standards in 1993. Plaintiff-appellees (the "Manufacturers") brought suit claiming that the Massachusetts regulations were preempted by the Clean Air Act. While that action was pending, Massachusetts amended its standards, and the Manufacturers...

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