United States DC Circuit

A Compliance Assurance Program does not constitute an EPA establishment "by regulation" of "methods and procedures for making tests," as required by section 206(d) of the Clean Air Act, regarding testing of new motor vehicles for compliance with federal emissions standards, and is not in accordance with the law.

Appellate Information

• Decided 10/22/2002
• Published 10/22/2002

Judges

• Before:  EDWARDS and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Kevin L. Fast argued the cause for petitioner.   With him on the briefs were Douglas S. Burdin and Andrew J. Turner., Mitchell H. Bernstein argued the cause for intervenors Alliance of Automobile Manufacturers and Association of International Automobile Manufacturers, Inc.   With him on the brief were Richard A. Penna, Charles R. Sensiba, Julie C. Becker and Charles H. Lockwood II.


• For Appellees:
  
• Alan D. Greenberg, Attorney, U.S. Department of Justice, argued the cause for respondents.   With him on the brief was John T. Hannon, Attorney, U.S. Environmental Protection Agency.  Lois J. Schiffer, Assistant Attorney General, Christopher S. Vaden and Eric G. Hostetler, Attorneys, U.S. Department of Justice, and Mark M. Kataoka, Attorney, U.S. Environmental Protection Agency, entered appearances.