United States DC Circuit

Challenges to EPA regulations pertaining to emission of Mobile Source Air Toxics under the Clean Air Act, including as to allowance of aggregation of chemicals and failure to impose emissions caps, are denied. Rejection of on-board diagnostics is remanded.

Appellate Information

• Argued 03/11/2003
• Decided 04/25/2003
• Published 04/25/2003

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• 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.


• For Appellees:
  
• 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.