SIERRA CLUB, et al., Petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY and Christine Todd Whitman, Administrator, United States Environmental Protection Agency, Respondents.
Engine Manufacturers Association, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 11, 2003.
Decided April 25, 2003.
Attorney(s) appearing for the Case
James S. Pew argued the cause for petitioners Sierra Club, et al. With him on the briefs were Howard Fox, David B. Rivkin, Jr. and Lee A. Casey.
Rachel Zaffrann, Assistant Attorney General, New York State Attorney General's Office, argued the cause for petitioners States of New York and Connecticut. With her on the briefs were Eliot Spitzer, Attorney General, Peter H. Lehner, Assistant Attorney General, Richard Blumenthal, Attorney General, Connecticut Attorney General's Office, and Mark Kindall, Assistant Attorney General. Kimberly P. Massicotte, Assistant Attorney General, entered an appearance.
Claudia M. O'Brien argued the cause for petitioner International Truck and Engine Corporation. With her on the brief were Laurence H. Levine and Robert M. Sussman.
David W. Marshall was on the brief for amicus curiae Clean Air Task Force in support of environmental petitioners.
Angeline Purdy and David J. Kaplan, Attorneys, U.S. Department of Justice, argued the cause for respondents. With them on the brief was Patrice Simms, Counsel, U.S. Environmental Protection Agency. John C. Cruden, Assistant Attorney General, U.S. Department of Justice, entered an appearance.
Claudia M. O'Brien argued the cause for intervenors International Truck and Engine Corporation, et al. in support of respondent. With her on the brief were Laurence H. Levine, Robert M. Sussman, Janice K. Raburn, David Thomas Deal, Richard A. Penna, Howard E. Shapiro, Jed R. Mandel and Timothy A. French.
James S. Pew and Howard I. Fox were on the brief for intervenors Sierra Club, et al. in support of respondent.
Before: RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge STEPHEN F. WILLIAMS.
STEPHEN F. WILLIAMS, Senior Circuit Judge:
In the 1990 Amendments to the Clean Air Act Congress directed the Environmental Protection Agency to regulate emissions of what the agency calls Mobile Source Air Toxics — that is, toxic chemicals emitted by motor vehicles. Section 202(l) of the amended Clean Air Act requires the Administrator...
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