American Automobile Manufacturers Ass'n v. Commissioner, Massachusetts Department of Environmental Protection

998 F. Supp. 26, 1998 U.S. Dist. LEXIS 19131, 1998 WL 246529
CourtDistrict Court, D. Massachusetts
DecidedJanuary 22, 1998
DocketNo. CIV.A. 93-10799-ADM
StatusPublished
Cited by2 cases

This text of 998 F. Supp. 26 (American Automobile Manufacturers Ass'n v. Commissioner, Massachusetts Department of Environmental Protection) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Automobile Manufacturers Ass'n v. Commissioner, Massachusetts Department of Environmental Protection, 998 F. Supp. 26, 1998 U.S. Dist. LEXIS 19131, 1998 WL 246529 (D. Mass. 1998).

Opinion

MAZZONE, District Judge.

This case was remanded for specific findings setting forth the reasons this Court entered judgment on fewer than all claims pursuant to Federal Rule of Civil Procedure 54(b). American Automobile Manufacturers Association v. Massachusetts Department of Environmental Protection, 98-1036, slip op. (1st, Cir. January 14, 1998).

The Third Amended Complaint in this action challenged regulations adopted by the Defendant Commissioner of the Department of Environmental Protection (the “DEP”) re[28]*28lating to zero emission vehicles (“ZEVs”) in the period from 1998 to 2000. The regulations, as amended in 1996, required the seven largest automakers to develop and place into service in Massachusetts increasing numbers of ZEVs in model years 1998 through 2000, with the goal of making ZEVs commercially available in 2003. The regulations also required the automakers to file periodic reports to the DEP regarding actual and projected delivery and production of ZEVs.

The Third Amended Complaint contained four claims for relief under the federal Clean Air Act (“CAA”), 42 U.S.C. §§ 7505 et seq. Count I alleged that the DEP’s regulations violated the “identicality” requirement of section 177, 42 U.S.C. § 7507, and thus were preempted by section 209(a), 42 U.S.C. § 7543(a). Count II alleged that the DEP’s regulations lacked a valid preemption waiver and thus were preempted by section 209(a). Count III alleged that the DEP’s regulations were preempted by section 249(f)(4), 42 U.S.C. § 7549(f)(4). Lastly, Count IV alleged that the DEP’s regulations were impliedly preempted because they stand as an obstacle to the Congressional objectives underlying sections 177 and 209 of the Clean Air Act.

Because the DEP’s regulations first apply to the calendar year 1998, the parties desired an efficient and expeditious resolution of the Plaintiffs’ (“Automakers”) claim that the regulations were invalid. During a status conference before the Court, the parties agreed that they could proceed with summary judgment motions on Counts I and II, the claims that the DEP’s regulations were preempted by CAA §§ 177 and 209. They could not agree to proceed with summary judgment on Count III without further factual investigation and potential discovery. The summary judgment motions filed by the parties in fact did not seek any resolution of Count III.

On October 15, 1997, this Court granted the Plaintiffs’ Motion for Summary Judgment on Counts I and II, and denied the Defendant’s Cross-Motion for Summary Judgment. Subsequently, on October 29, 1997, this Court entered judgment in favor of Plaintiffs as to Counts I, II, and IV of the Third Amended Complaint. Although the implied preemption claim in Count IV was not specifically included in the cross-motions for summary judgment, it involved the same statutory provisions as the express preemption claims in Counts I and II, namely, CAA §§ 177 and 209(a). After this Court determined that the DEP’s regulations were preempted expressly by sections 177 and 209(a), the implied preemption claim in Count IV became redundant.

The claim in Count III, alleging that the DEP’s regulations are preempted by CAA § 249, remains pending, and the parties have not conducted any discovery on this claim. Section 249 prohibits any non-California state from subjecting vehicle manufacturers “to penalties or sanctions for failing to produce or sell clean-fuel vehicles,” a term which is defined to include electric vehicles. 42 U.S.C. §§ 7589(f)(4), 7581. The Automakers allege that electric vehicles are the only vehicles that are anticipated to meet the ZEV emission standard in the foreseeable future, such that § 249 preempts the DEP’s ZEV regulations. Third Amended Complaint, pars. 45-48.

Pursuant to Federal Rule of Civil Procedure 54(b), this Court entered judgment as to fewer than all of the claims- of the parties after finding that there was “no just reason for delay.” Fed.R.Civ.P. 54(b). I faked, however, to make specific findings setting forth the reasons for granting Rule 54(b) certification.

The First Circuit has articulated certain criteria which must be satisfied by a district court before it can certify a final judgment pursuant to Rule 54(b). First, the district court must assess whether the judgment has the “ ‘requisite aspects of finality.’ ” Darr v. Muratore, 8 F.3d 854, 862 (1st Cir.1993) (quoting Spiegel v. Trustees of Tufts College, 843 F.2d 38, 43 (1st Cir.1988)). Second, the district court should consider any interrelationship among the adjudicated and unadjudicated claims “ ‘so as to prevent piecemeal appeals in eases which should be reviewed only as single units.’ ” Spiegel, 843 F.2d at 43 (quoting Pahlavi v. Palandjian, 744 F.2d 902, 904 n. 5 (1st Cir.1984)). Third, the district court must make an “assessment of the equities” to determine whether there [29]*29is a justifiable reason for delay in entering the judgment. Darr, 8 F.3d at 862.

This Court has determined that the three factors for certification of its partial final judgment under Rule 54(b) are satisfied. First, this Court’s judgment on Counts I, II, and IV of the Third Amended Complaint is final. A judgment is considered final if it disposes of all the rights and liabilities of at least one party as to at least one individual claim entered in a multiple claims action. Curtiss-Wright Corp. v. General Electric Co., 446 U.S. 1, 7, 100 S.Ct. 1460, 64 L.Ed.2d 1 (1980); State Street Bank & Trust Co. v. Brockrim, Inc., 87 F.3d 1487, 1489 (1st Cir.1996). Whether a decision is final is governed by 28 U.S.C. § 1291. Consolidated Rail Corp. v. Fore River Ry. Co., 861 F.2d 322, 325 (1st Cir.1988). Pursuant to § 1291, a decision- is considered final if it “ ‘ends the litigation on the merits and leaves nothing more for the court to do but execute the judgment.’ ” State Street Bank & Trust Co., 87 F.3d at 1490 (quoting Digital Equipment Corp. v. Desktop Direct, Inc., 511 U.S. 863, 114 S.Ct. 1992, 1995, 128 L.Ed.2d 842 (1994)).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
998 F. Supp. 26, 1998 U.S. Dist. LEXIS 19131, 1998 WL 246529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-automobile-manufacturers-assn-v-commissioner-massachusetts-mad-1998.