The Motor Vehicle Manufacturers Association Of The United States, Inc. v. New York State Department Of Environmental Conservation

79 F.3d 1298, 26 Envtl. L. Rep. (Envtl. Law Inst.) 20564, 41 ERC (BNA) 1993, 1996 U.S. App. LEXIS 343
CourtCourt of Appeals for the Second Circuit
DecidedJanuary 10, 1996
Docket1543
StatusPublished
Cited by3 cases

This text of 79 F.3d 1298 (The Motor Vehicle Manufacturers Association Of The United States, Inc. v. New York State Department Of Environmental Conservation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The Motor Vehicle Manufacturers Association Of The United States, Inc. v. New York State Department Of Environmental Conservation, 79 F.3d 1298, 26 Envtl. L. Rep. (Envtl. Law Inst.) 20564, 41 ERC (BNA) 1993, 1996 U.S. App. LEXIS 343 (2d Cir. 1996).

Opinion

79 F.3d 1298

41 ERC 1993, 26 Envtl. L. Rep. 20,564

The MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF the UNITED
STATES, INC. and Association of International
Automobile Manufacturers, Inc.,
Plaintiffs-Appellants,
v.
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION and
Langdon Marsh, Commissioner, Defendants-Appellees,
and
Environmental Defense Fund, Inc., American Petroleum
Institute and New York State Electric & Gas
Corporation, Defendants-Intervenors-Appellees.

No. 1543.
Docket 94-9114.

United States Court of Appeals,
Second Circuit.

Argued May 8, 1995.
Decided Jan. 10, 1996.

Daniel F. Attridge, Washington, D.C. (Edward W. Warren, Stuart A.C. Drake, Gary E. Marchant, Kirkland & Ellis, Washington, D.C.; Phillip D. Brady, V. Mark Slywynsky, American Automobile Manufacturers Association, Detroit, Michigan; Charles H. Lockwood, John T. Whatley, Association of International Automobile Manufacturers, Inc., Rosslyn, Virginia, of counsel), for Plaintiffs-Appellants.

Joan Leary Matthews, Assistant Attorney General, Albany, New York (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Val Washington, Assistant Attorney General, New York State Department of Law, Albany, New York, of counsel), for Defendants-Appellees; (James T.B. Tripp, New York City, for Environmental Defense Fund, Inc.; William H. Lewis, Jr., Hunter L. Prillaman, Morgan, Lewis & Bockius, Washington, D.C., G. Kimball Williams, Jeffrey L. Culkin, McNamee, Lochner, Titus & Williams, P.C., Albany, New York, G. William Frick, David T. Deal, American Petroleum Institute, Washington, D.C., for American Petroleum Institute; Seth A. Davis, Michael G. Psareas, Huber Lawrence & Abell, New York City, for New York State Electric & Gas Corp., all of counsel, and on the brief), for Intervenors-Defendants-Appellees.

Richard A. Kassel, New York City (Natural Resources Defense Council, New York City, of counsel), filed a brief on behalf of American Lung Association; Environmental Advocates; Natural Resources Defense Council; League of Women Voters of New York State as amici curiae.

Timothy J. Dowling, Washington, D.C. (Lois J. Schiffer, Assistant Attorney General, David C. Shilton, U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C.; Jean C. Nelson, General Counsel, Alan W. Eckert, Associate General Counsel, Michael J. Horowitz, Office of General Counsel, U.S. Environmental Protection Agency, Washington, D.C., of counsel), filed a brief on behalf of the United States as amicus curiae.

David Bookbinder, Assistant Attorney General, Boston, Massachusetts (Scott Harshbarger, Attorney General, William L. Pardee, Assistant Attorney General, Boston, Massachusetts; Richard Blumenthal, Attorney General, Brian Commerford, Assistant Attorney General, Hartford, Connecticut; Jeffrey B. Pine, Attorney General, Michael Rubin, Assistant Attorney General, Providence, Rhode Island; Jeffrey L. Amestoy, Attorney General, J. Wallace Malley, Jr., Deputy Attorney General, Montpelier, Vermont, of counsel), filed a brief on behalf of Massachusetts, Connecticut, Rhode Island, and Vermont as amici curiae.

Before NEWMAN, Chief Judge CARDAMONE, and PARKER, Circuit Judges.

CARDAMONE, Circuit Judge:

Plaintiffs associations of American and foreign automobile manufacturers appeal from the summary judgment dismissal of the only remaining count of their action against the New York State Department of Environmental Conservation (DEC) and its Commissioner, Langdon Marsh, by the United States District Court for the Northern District of New York (McAvoy, C.J.). Plaintiffs have sought through this litigation to prevent the adoption by New York State of regulatory standards embodying California's strict auto emission requirements.

The federal Clean Air Act, 42 U.S.C. §§ 7401-7671q (1988 & Supp. III 1991) (CAA or the Act), permits states to escape federal preemption of auto emissions standards by adopting California's standards. New York has done so. But it has declined to adopt California regulations mandating the sale of clean, low-sulfur fuels that aid in the reduction of pollution from auto exhaust. It is plaintiffs' contention that the high-sulfur content of gasoline commercially available in New York will corrupt the performance of catalytic converters installed in motor vehicles that are designed to comply with California's regulations. They insist they are therefore forced to redesign the exhaust systems on new automobiles, and that this result is one Congress specifically prohibited when it enacted the 1990 amendments to the Clean Air Act.

This appeal obliges us to reexamine the competing goals of Congress' clean air legislation, one of which is to protect manufacturers from regulatory chaos by preventing states from enacting multiple contradictory emissions standards, see H.R.Rep. No. 728, 90th Cong., 1st Sess. 21 (1967) U.S.Code Cong. & Admin.News 1967, p. 1938, and the other of which is to safeguard public health by reducing the levels of toxic pollutants spouting from automobile tailpipes into the air we all must breathe. In striking a balance between these goals, Congress elected not to link states' fuel standards to their emissions programs. For the reasons discussed below, we think this legislative balance precludes plaintiffs' claim. Hence, we affirm the judgment of the district court.

BACKGROUND

A thorough discussion of the regulatory and legislative developments giving rise to this litigation appears in our earlier decision on this matter, Motor Vehicle Mfrs. Ass'n of the United States, Inc. v. New York State Dep't of Envtl. Conservation, 17 F.3d 521 (2d Cir.1994) (MVMA III ), as well as the district court decision on remand from MVMA III giving rise to this appeal, Motor Vehicle Mfrs. Ass'n of the United States, Inc. v. New York State Dep't of Envtl. Conservation, 869 F.Supp. 1012 (N.D.N.Y.1994) (MVMA IV). Familiarity with those discussions is assumed; for present purposes, the briefest possible summary will suffice.

A. State and Federal Regulations

In general, state regulation of automotive tailpipe emissions is preempted by the federal Clean Air Act. CAA § 209(a), 42 U.S.C. § 7543(a). A unique exception was made for California, because of that state's early efforts to control its particularly severe air quality problems. CAA § 209(b) (as amended), 42 U.S.C. § 7543(b); see S.Rep. No. 403, 90th Cong., 1st Sess. 33 (1967) (explaining origin of preemption provision). Under § 209(b), California may adopt its own emissions standards, subject to approval by the Environmental Protection Agency (EPA), the agency responsible for enforcing the federal standards. 42 U.S.C. § 7543(b). California's power to enforce its own standards through certification and recall procedures parallel to but harsher than the EPA's means in effect that manufacturers may be forced to design two separate versions of a given vehicle--a "California" car, and a "federal" or "49-state" car.

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

Related

In Re Bean
252 F.3d 113 (Second Circuit, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
79 F.3d 1298, 26 Envtl. L. Rep. (Envtl. Law Inst.) 20564, 41 ERC (BNA) 1993, 1996 U.S. App. LEXIS 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-motor-vehicle-manufacturers-association-of-the-united-states-inc-v-ca2-1996.