ELR Citation: ELR 20133
No(s). s. 72-1517 et al (D.C. Cir. Feb 10, 1973)

This suit brought by three major auto companies under the Clean Air Act Amendments of 1970 appeals a decision by the Administrator of the Environmental Protection Agency (EPA) denying a year's suspension of the 1975 auto emissions standards. While the court refuses to order suspension of the 1975 emission standards, it does question the EPA decision that the automakers have failed to show effective control technology is not available, and it remands the case for further EPA proceedings. The court finds that the automakers have shown by a preponderance of the evidence that the control technology is not available, and the Administrator has failed to offset petitioners' actual test data by his reliance on technological methodology. In light of congressional intent and the fact that the economic risks of an erroneous denial of suspension outweigh the ecological risks of an unnecessary suspension, the Administrator has the burden of proving the reliability of his methodology. This he fails to do, and his prediction that the auto companies can meet the standards is open to question. In addition, the court holds (1) that the EPA is not required to consider only technology available at present but may consider the "probable sequence" of technology during the two year preparation for production of 1975 automobiles; (2) that circumstances in this EPA proceeding do not demand the right of cross-examination to ensure a fair hearing, though limited cross-examination is required in the remand proceeding; (3) that light trucks are not "light duty vehicles" under the Clean Air Act and need not meet the same emission standards as automobiles.

Counsel for Plaintiff, International Harvester Co.
Reuben L. Hedlund
Kirkland, Ellis, Hodson, Chaffetz & Masters
Prudential Plaza
Chicago, IL 60601

Counsel for Plaintiff, General Motors Corp.
Frederick M. Rowe
Kirkland, Ellis, Hodson, Chaffetz, Masters & Rowe
1776 K Street, NW
Washington, DC 20006

Counsel for Plaintiff, Chrysler Corporation
John E. Nolan, Jr.
Steptoe & Johnson
1250 Connecticut Avenue, NW
Washington, DC 20036

Counsel for Plaintiff, Ford Motor Company
Howard P. Willens
Wilmer, Cutler & Pickering
Farragut Building
900 17th Street, NW
Washington, DC 20006

Counsel for Defendant
James A. Glasgow
Depart of Justice
Washington, DC 20530