ELR Citation: ELR 20753
No(s). C-C-82-699-M (W.D.N.C. Dec 1, 1982)

The court denies plaintiffs' motion for a preliminary injunction against imposition of a vehicle emissions inspection program for Mecklenburg County, North Carolina. The state had proposed a vehicle emissions control inspection and maintenance program in its state implementation plan in order to qualify under §172 of the Clean Air Act for an extension of the national ambient air quality standard attainment deadline for carbon monoxide. The court denies the motion because plaintiffs have failed to (1) show probable success on the merits of their claims under the Due Process and Equal Protection Clauses, (2) demonstrate irreparable harm, and (3) show that an injunction will promote the public interest.

Counsel for Plaintiffs
George S. Daly Jr.
Suite 226, One N. McDowell St., Charlotte NC 28204
(704) 333-5196

Counsel for Defendants
Tom Moffitt, Ass't Attorney General
Justice Bldg., Corner Wilmington & Morgan, Raleigh NC 27602
(919) 733-3377