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Motor Vehicle Mfrs. Ass'n of the United States v. Costle

Citation: 11 ELR 20376
No. Nos. 80-1591, -1604, 647 F.2d 675/(6th Cir., 04/28/1981) Remanded

The court rules that the district court has jurisdiction to order the Administrator of the Environmental Protection Agency (EPA) to issue parts certification and maintenance instruction regulations as required by § 207 of the Clean Air Act. The district court had enjoined EPA from enforcing the Emission Control Performance Warranty Regulation due to its failure to promulgate such regulations. The Six Circuit Court of appeals vacated the injunction, 11 ELR 20069, ruling that under § 307(b) of the Clean Air Act only the D.C. Circuit Court of Appeals has jurisdiction to review nationally applicable regulations. Following the D.C. Circuit's decision to decline jurisdiction, the Sixth Circuit now rules that since § 207(a)(2) requires the Administrator to issue parts certification regulations, the district court has jurisdiction under § 304 to order the Administrator to perform such non-discretionary acts.

Counsel for Plaintiffs
Theodore Souris
Bodman, Longley & Dahling
34th Floor, Renaissance Center, Detroit MI 48243
(313) 259-7777

Kenneth I. Gluckman
American Motors Corp., American Center, 27777 Franklin Rd., Southfield MI 48034
(313) 827-2818

William H. Crabtree, Vice-President & General Counsel
Motor Vehicle Manufacturers Ass'n, 300 New Center Bldg., Detroit MI 48202
(313) 872-4311

Thomas P. Donahue, Michael Grice
Office of the General Counsel
Chrysler Corp., P.O. Box 1919, Detroit MI 48121
(313) 956-2075

Thomas L. Saybolt
Ford Motor Co., 1073 World Headquarters, Dearborn MI 48121
(313) 323-0264

Counsel for Defendants
Michael A. McCord, David E. Dearing
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2774

Before: MARTIN and JONES, Circuit Judges, and PECK, Senior Circuit Judge.