CENTRAL VALLEY CHRYSLER-JEEP, INC. v. GOLDSTENE

No. CV F 04-6663 AWI LJO.

529 F.Supp.2d 1151 (2007)

CENTRAL VALLEY CHRYSLER-JEEP, INC. et al., Plaintiffs, v. James GOLDSTENE, in his official capacity as Executive Officer of the California Air Resources Board, Defendant, The Association of International Automobile Manufacturers, Plaintiff-Intervenor, Sierra Club, Natural Resources Defense Council, Environmental Defense, Blue Water Network, Global Exchange, and Rainforest Action Network, Defendant-Intervenors.

United States District Court, E.D. California.

December 11, 2007.


Attorney(s) appearing for the Case

Andrew Brian Clubok, PHV, Derek Sterling Bentsen, Lucas Rames Blocher, PHV, Stuart A.C. Drake, PHV, Kirkland & Ellis LLP, Washington, DC, John P. Kinsey, Sagaser, Jones & Helsley, Fresno, CA, for Plaintiffs.

Matthew B. Byrne, PHV, Gravel & Shea, Burlington, VT, Michael Edward Scoville—Pro Hac Vice, Stacey L. Bennett, PHV, Kirkland & Ellis LLP, Raymond B. Ludwiszewski, Gibson Dunn and Crutcher, Washington, DC, Timothy Jones, Sagaser, Jones & Helsley, Fresno, CA, for Plaintiffs, Plaintiff-Intervenor.

Edmund G. Brown, Jr., Attorney General of the State of California, Mary E. Hackenbracht, Senior Assistant Attorney General, Ellen M. Peter, Supervising Deputy Attorney General, Kathleen A. Kenealy, Deputy Attorney General, Sacramento, CA, Gavin A. McCabe, Marc N. Melnick, Mark W. Poole, Joseph Barbieri, Deputy Attorneys. General, Oakland, CA, for Defendants.

David D. Doniger, Natural Resources Defense Council, Washington, DC, Matthew F. Pawa, Benjamin Krass, Law Of fices of Matthew F. Pawa, P.C., Newton Centre, MA, David Bookbinder, Sierra Club, Washington, DC, James. T.B. Tripp, Environmental Defense, New York, NY, for Defendant-Intervenors Sierra Club, Natural Resources Defense Council, and Environmental Defense.

Danielle R. Fugere, Bluewater Network, San Francisco, CA, for Defendant-Intervenors Bluewater Network, Global Exchange, and Rainforest Action Network.


ORDER ON MOTIONS AND COUTER-MOTIONS FOR SUMMARY JUDGMENT ON PLAINTIFFS' CLAIMS FOR RELIEF ON EPCA PREEMPTION AND FOREIGN POLICY PREEMPTION

ANTHONY W. ISHII, District Judge.

INTRODUCTION

This is an action for injunctive and declaratory relief by plaintiffs Central Valley Chrysler-Jeep, Inc., et al. (collectively, "Plaintiffs") and Plaintiff-intervenor Association of International Automobile Manufacturers ("AIAM") against defendant James...

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