NATIONAL PETROCHEMICAL & REFINERS ASSOCIATION, Petitioner,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent.
International Truck and Engine Corporation, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 26, 2002.
Decided May 3, 2002.
Attorney(s) appearing for the Case
Theodore L. Garrett argued the cause for petitioner Cummins Inc. With him on the briefs was Andrew J. Heimert.
Julie R. Domike argued the cause and filed the briefs for petitioner Volvo Truck Corporation.
Michael F. McBride argued the cause for petitioner National Petrochemical & Refiners Association, et al. With him on the brief were Maurice H. McBride, Bruce W. Neely, John W. Lawrence, John S. Hahn, Julie Anna Potts, Janice K. Raburn, David T. Deal, Thomas Sayre Llewellyn and Chet M. Thompson.
William A. Anderson, II, argued the cause for petitioners Alliance of Automobile Manufacturers and Association of International Automobile Manufacturers, Inc. With him on the briefs were Julie C. Becker, Ellen L. Shapiro, Charles H. Lockwood and Susan A. MacIntyre.
Jed R. Mandel and Timothy A. French were on the briefs for Engine Manufacturer petitioners.
Eric G. Hostetler, Kent E. Hanson and Norman L. Rave, Jr., Attorneys, U.S. Department of Justice, argued the causes for respondents. With them on the briefs were Kenneth C. Amaditz, Attorney, U.S. Department of Justice, John T. Hannon, Michael J. Horowitz and Steven E. Silverman, Attorneys, U.S. Environmental Protection Agency.
Howard I. Fox and John D. Walke were on the brief for intervenors American Lung Association, et al.
Janice K. Raburn, David T. Deal, Thomas Sayre Llewellyn, Michael F. McBride, Bruce W. Neely, John W. Lawrence and Maurice H. McBride were on the brief for intervenor American Petroleum Institute, et al.
Hope M. Babcock, Richard Blumenthal, Attorney General, State of Connecticut, Kimberly Massicotte, Assistant Attorney General, M. Jane Brady, Attorney General, State of Delaware, Kevin Maloney, Assistant Attorney General, J. Joseph Curran, Jr., Attorney General, State of Maryland, Kathy M. Kinsey, Assistant Attorney General, Thomas F. Reilly, Attorney General, Commonwealth of Massachusetts, Kirsten H. Engel, Assistant Attorney General, Philip T. McLaughlin, Attorney General, State of New Hampshire, Maureen D. Smith, Assistant Attorney General, Eliot Spitzer, Attorney General, State of New York, Peter H. Lehner, Assistant Attorney General, Robert A. Reiley, M. Dukes Pepper, Jr., Sheldon Whitehouse, Attorney General, State of Rhode Island, Tricia K. Jedele, Assistant Attorney General, Barbara Beth Baird and Jeri G. Voge were on the brief for intervenors State and Territorial Air Pollution Program Administrators, et al. and amicus curiae South Coast Air Quality Management District. Jennifer L. Wazenski, Assistant Attorney General, State of Maryland, entered an appearance.
Laurence H. Levine, Robert M. Sussman, Julia A. Hatcher, William A. Anderson, II, Susan A. MacIntyre, Julie C. Becker and Ellen L. Shapiro were on the brief for intervenors International Truck and Engine Corporation, et al.
Before: SENTELLE and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed PER CURIAM.
PER CURIAM:1
We have here a set of challenges to an EPA rule affecting diesel fuel and engines. The rule requires drastic reductions in exhaust emissions starting in 2007 (for some emissions 95% lower than current standards). To aid in the achievement of the new emission standards, the rule also requires a 97% reduction in the sulfur level in diesel...
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