LINCOLN-DODGE, INC.; Smithfield Chrysler Jeep, Inc.; Simon Chevrolet-Buick, Ltd.; Paul Masse Chevrolet, Inc.; Paul Masse Pontiac-Cadillac-GMC, Inc.; Deluxe Auto Sales, Inc.; Tasca Automotive Group, Inc.; Hurd Chevrolet, Inc.; Hurd Buick-Pontiac-GMC Truck, Inc.; Alliance of Automobile Manufacturers; Daimlerchrysler Corporation; and General Motors Corporation, Plaintiffs,
v.
W. Michael SULLIVAN, in his official capacity as Director of the Rhode Island Department of Environmental Management, Defendant.
The Association of International Automobile Manufacturers, Plaintiff,
v.
W. Michael Sullivan, in his Official Capacity as Director of the Rhode Island Department of Environmental Management, Defendant.
United States District Court, D. Rhode Island.https://leagle.com/images/logo.png
November 21, 2008.
November 21, 2008.
Attorney(s) appearing for the Case
Charles H. Haake, Raymond B. Ludwiszewski, Gibson, Dunn & Crutcher, LLP, Washington, DC, Joseph V. Cavanagh, Jr., Kristin Rodgers, Mary C. Dunn, Blish & Cavanagh, LLP, Providence, RI, for The Association of International Automobile Manufacturers.
Andrew B. Clubok, Stuart C. Drake, Kirkland & Ellis, LLP Washington, DC, for Alliance of Automobile Manufacturers; DiamlerChrysler Corporation; General Motors Corporation.
Patricia K. Rocha, Adler, Pollock & Sheehan, Providence, RI, for Alliance of Automobile Manufacturers; Diamler-Chrysler Corporation; General Motors Corporation; Deluxe Auto Sales, Inc,; Hurd Buick Pontiac-GMC Truck, Inc.; Hurd Chevrolet, Inc.; Lincoln Dodge, Inc.; Paul Masse Chevrolet, Inc.; Paul Masse Pontiac-Cadillac-GMC, Inc.; Simon Chevrolet-Buick, Ltd.; Smithfield Chrysler Jeep, Inc.; Tasca Automotive Group, Inc.; The New Bay Buick, Inc.
Tricia K. Jedele, Rhode Island Department of Attorney General, Providence, RI, for W. Michael Sullivan, in his official capacity as Director of the Rhode Island Department of Environmental Management.
Bradford W. Kuster, Cynthia J. Giles, David J. Bookbinder, Stephen J. Hinchman, Conservation Law Foundation, Providence, RI, for Conservation Law Foundation; Environmental Defense; National Resources Defense Council; Sierra Club.
United States District Court, D. Rhode Island.
MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS
ERNEST C. TORRES, Senior District Judge.
Two automobile manufacturers; two manufacturers' associations; and a number of Rhode Island automobile dealers brought these consolidated actions for declaratory judgment against the Rhode Island Department of Environmental Management ("RIDEM")1 seeking a declaration...
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