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42 U.S.C. § 1857f-1(b)(A)(1) provides that "engines manufactured during or after model year 1975 shall contain standards which require a reduction of at least 90 per centum from emissions of carbon monoxide and hydrocarbons allowable under the standards . . . applicable to light duty vehicles and engines manufactured in model year 1970."
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.
May the court grant the request to order a suspension of the emission standards?
The court held that it could not grant International Harvester et al.’s request that the court order a suspension of the emission standards because the court held that the determinations which Congress made necessary conditions of suspension, as to the public interest and good faith, were not made by the Administrator.