Ronald Clark Fleshman, Jr. v. Volkswagen, AG, et al.
Environmental Arbitration SocialSecurity Privacy ClassAction JusticiabilityDoctri Jurisdiction
Can the EPA revise Clean Air Act to allow defeat devices,can EPA revise state plans to allow defeat devices,can a citizen intervene when EPA refuses to enforce Clean Air Act,was it an abuse of discretion to approve class action settlement allowing illegal vehicles
QUESTIONS PRESENTED 1. Can the Environmental Protection Agency revise clear statutory terms of the Clean Air Act to allow the importation, sale, and use of motor vehicles with “defeat devices” when Congress expressly prohibited the same in enacting section 203 of the Clean Air Act, 42 U.S.C. § 7522? 2. Can the Environmental Protection Agency revise clear statutory terms of the State Implementation Plans of seventeen States to allow the use of motor vehicles with “defeat devices?” 3. Cana citizen intervene under 42 U.S.C. § 7604 or Federal Rule of Civil Procedure 24 when the Environmental Protection Agency refuses to enforce the Clean Air Act and the emissions standards and limitations found in 42 U.S.C. § 7522? 4. Was it an abuse of discretion for the District Court, as affirmed by the Ninth Circuit Court of Appeals, to approve a class action settlement condoning illegal activity by allowing 487,500 clandestinely imported vehicles to remain in the United States in violation of 42 U.S.C. § 7522(a)(1) and (b)(2), 19 U.S.C. § 1595a (c)(1)(A), and to remain in use in violation of the Clean Air Act and the State Implementation Plans of 17 States? ii LIST OF ALL