Motor Vehicle Mfrs. Ass'n of the United States v. Costle
Citation: 11 ELR 20069
No. No. 80-1591, 636 F.2d 1218/(6th Cir., 09/19/1980) Injunction vacated
The Sixth Circuit Vacates an injunction issued by the district court prohibiting the Administrator of the Environmental Protection Agency from enforcing the Emission Control System Performance Warranty Regulations, ruling that only the District of Columbia Circuit Court of Appeals has jurisdiction to hear the case. Section 304 of the Clean Air Act, which vests the district courts with jurisdiction to entertain challenges to the Administrator's failure to take any non-discretionary action, was improperly relied upon by the district court as a source of jurisdiction. That provision does not authorize a district court to review nationally applicable regulations on the rationale that they are invalid because of the Administrator's failure to promulgate other sets of regulations beforehand. On the contrary, the instant case is a direct challenge to the substantive validity of the warranty regulations and as such is required by § 307(b)(1) of the Act to be heard only in the D.C. Circuit.
Counsel for Appellant
David E. Dearing, Peter R. Steenland, Angus C. MacBeth
Land and Natural Resources Division
Department of Justice, Washington DC 20530
Counsel for Appellees
Bodman, Longley & Dahling
34th Fl., Renaissance Center, Detroit MI 48243
William H. Crabtree
Motor Vehicle Manufacturers Ass'n
311 New Center Bldg., Detroit MI 48202
Before Martin, Jones, and Peck, JJ.