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Appendix D

Announcements placed in Federal Register requesting information with respect to technological feasibility.

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September 9, 1971

An announcement was placed in the Federal Register
concerning the appointment of a committee to determine
whether the automobile industry is technologically
capable of designing and mass-producing a reliable
engine that will meet the motor vehicle emissions
standards prescribed by the Clean Air Act Amendments
of 1970.

September 21, 1971

An announcement was placed in the Federal Register
inviting public submissions of materials related to
"technological feasibility" of meeting auto air emis-
sion standards.

July 6, 1972

An announcement was placed in the Federal Register requesting interested parties to obtain and fill out questionnaires concerning data or concepts on alternate engines for low emission automotive propulsion plants.

Notice: This opinion is subject to formal revision before publication in the Federal Reporter or U.S.App.D.C. Reports. Users are requested to notify the Clerk of any formal errors in order that corrections may be made before the bound volumes go to press.

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

No. 72-1517

INTERNATIONAL HARVESTER COMPANY, PETITIONER

V.

WILLIAM D. RUCKELSHAUS, ADMINISTRATOR,
ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT

No. 72-1525

GENERAL MOTORS CORPORATION, PETITIONER

V.

WILLIAM D. RUCKELSHAUS, ADMINISTRATOR,
ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT

No. 72-1529

CHRYSLER CORPORATION,
A DELAWARE CORPORATION, PETITIONER

V.

WILLIAM D. RUCKELSHAUS, ADMINISTRATOR,
ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT

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No. 72-1537

FORD MOTOR COMPANY, PETITIONER

V.

WILLIAM D. RUCKELSHAUS, ADMINISTRATOR,
ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT

Petition for Review of An order Of the Administrator, Environmental Protection Agency

Decided February 10, 1973

Reuben L. Hedlund, of the Bar of the Supreme Court of Illinois, pro hac vice, by special leave of the Court, with whom Lawrence Gunnels was on the brief for petitioner in No. 72-1517.

Frederick M. Rowe with whom Edward W. Warren, F. F. Hilder, William L. Weber, Jr., and Hammond E. Chaffetz were on the brief for petitioner in No. 72-1525.

John E. Nolan, Jr., with whom Robert E. Jordan, III, William G. Christopher, Michael J. Malley, Richard H. Porter, Scott R. Schoenfeld and Victor C. Tomlinson were on the brief for petitioner in No. 72-1529.

Howard P. Willens, with whom Jay F. Lapin, William P. Hoffman, Jr., Gerald Goldman, were on the brief for petitioner in No. 72-1537.

James A. Glasgow, Attorney, Department of Justice, with whom Kent Frizzell, Assistant Attorney General,

94-492 0 - 73 - pt. 1 - 23

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Edmund B. Clark and Raymond N. Zagone, Attorneys, De-partment of Justice, were on the brief for appellee.

Jerome Maskowski was on the brief for State of Michigan, amicus curiae.

Before: BAZELOX, Chief Judge, Taam and LEVENTHAL, Circuit Judges.

Opinion for the Court filed by LEVENTHAL, Circuit Judge, in which Circuit Judge TAMM concurs.

Separate concurring Opinion filed by BAZELON, Chief Judge at p. 63.

LEVENTHAL, Circuit Judge: These consolidated petitions of International Harvester and the three major auto companies, Ford, General Motors and Chrysler, seek review! of a decision by the Administrator of the Environmental Protection Agency denying petitioners' applications, filed pursuant to Section 202 of the Clean Air Act, for one year suspensions of the 1975 emission standards prescribed under the statute for light duty vehicles in the absence of suspension.

I. STATEMENT OF THE CASE

The tension of forces presented by the controversy over automobile emission standards may be focused by two central observations:

(1) The automobile is an essential pillar of the American economy. Some 28 per cent of the nonfarm workforce

1 Under Section 307 of the Clean Air Act, 42 U.S.C. § 1857h5(b) (1), which provides for direct review of the Administrator's decision by the United States Court of Appeals for the District of Columbia Circuit (all citations are to the 1970 edition of the U.S. Code).

2 42 U.S.C. § 1857f-1(b) (5) (B).

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draws its livelihood from the automobile industry and its products.

(2) The automobile has had a devastating impact on the American environment. As of 1970, authoritative voices stated that “[a]utomotive pollution constitutes in excess of 60% of our national air pollution problem" and more than 80 per cent of the air pollutants in concentrated urban areas.

A. Statutory Framework

Congressional concern over the problem of automotive emissions dates back to the 1950's, but it was not until the passage of the Clean Air Act in 1965 that Congress established the principle of Federal standards for automobile emissions. Under the 1965 act and its successor, the Air Quality Act of 1967, the Department of Health, Education and Welfare was authorized to promulgate emission limitations commensurate with existing technological feasibility:

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Statement of Sen. Robert Griffin, 116 Cong. Rec. 33,081 (1970).

* For the 60% figure, see H. R. Rep. No. 91-1146, 91st Cong., 2d Sess., 6 (1970); for 64% national figure and the 80% urban figure, see statement of Nat'l Assoc. of Professional Engineers in Hearings on S. 3229, S. 3466, and S. 3546, before Subcomm. on Air and Water Pollution, Senate Comm. on Public Works, 91st Cong., 2d Sess., 114 (1970).

5 The Act of July 14, 1955, Ch. 360, 1-7, 69 Stat. 322, authorized the Department of Health, Education and Welfare to provide research and assistance to local and state governments attempting to deal with air pollution. The Act of June 8, 1960, 74 Stat. 162, called for a federal study on the specific problem of automotive emissions,

• Motor Vehicle Air Pollution Control Act & 202(a), P.L. 89-272, Oct. 20, 1965, 79 Stat. 992 (Amendments to Clean Air Act); National Emission Standards Act $ 202(a), P.L. 90

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