TRUCK TRAILER MANUFACTURERS ASS'N, INC v. EPA

No. 16-1430.

17 F.4th 1198 (2021)

TRUCK TRAILER MANUFACTURERS ASSOCIATION, INC., Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents. California Air Resources Board, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 12, 2021.


Attorney(s) appearing for the Case

Elisabeth S. Theodore argued the cause for petitioner. With her on the briefs were S. Zachary Fayne , Jonathan S. Martel , and Samuel F. Callahan .

H. Thomas Byron, III , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Jeffrey Bossert Clark , Assistant Attorney General, Jonathan Brightbill , Principal Deputy Assistant Attorney General, and Eric G. Hostetler and Jennifer L. Utrecht , Attorneys. Sue S. Chen , Attorney, and Douglas N. Letter , General Counsel, U.S. House of Representatives, entered appearances.

Alice Henderson argued the cause for respondents-intervenors Public Health and Environmental Organizations. With her on the brief were Jim Dennison , Vickie Patton , Peter Zalzal , Benjamin Longstreth , Peter Huffman , Vera Pardee , Joanne Spalding , Andres Restrepo , Susannah Landes Weaver , Sean H. Donahue , Clare Lakewood , Katherine Hoff , and Kevin Bundy .

Xavier Becerra , Attorney General, Office of the Attorney General for the State of California, Robert W. Byrne , Senior Assistant Attorney General, Myung J. Park , Supervising Deputy Attorney General, M. Elaine Meckenstock , Caitlan McLoon , and Ryan R. Hoffman , Deputy Attorneys General, William Tong , Attorney General, Office of the Attorney General for the State of Connecticut, Matthew I. Levine and Scott N. Koschwitz , Assistant Attorneys General, Maura Healey , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Carol Iancu , Assistant Attorney General, Tom Miller , Attorney General, Office of the Attorney General for the State of Iowa, Jacob J. Larson , Assistant Attorney General, Ellen F. Rosenblum , Attorney General, Office of the Attorney General for the State of Oregon, Paul Garrahan , Attorney-in-Charge, Peter F. Neronha , Attorney General, Office of the Attorney General for the State of Rhode Island, Gregory S. Schultz , Special Assistant Attorney General, Bob Ferguson , Attorney General, Office of the Attorney General for the State of Washington, Thomas J. Young , Assistant Attorney General, Thomas J. Donovan, Jr. , Attorney General, Office of the Attorney General for the State of Vermont, and Nicholas F. Persampieri , Assistant Attorney General, were on the brief for respondents-intervenors California Air Resources Board, et al. Kathleen A. Kenealy , Chief Assistant Attorney General, Office of the Attorney General for the State of California, entered an appearance.

Opinion concurring in the judgment in part and dissenting in part filed by Circuit Judge Millett.


In 2016, the Environmental Protection Agency issued a rule for trailers pulled by tractors based on a statute enabling the EPA to regulate "motor vehicles." In that same rule, the National Highway Traffic Safety Administration issued fuel efficiency standards for trailers based on a statute enabling NHTSA to regulate "commercial...

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