부산대학교 도서관

The 1970 Clean Air Act Amendments require prototype automobiles to pass a three-stage Environmental Protection Agency (EPA) emission performance test before they go on the market. Chrysler challenged section 207 (c)(1) after its 1975 model failed the third test and was threatened with an order to recall and repair its catalytic converters. The law specifying recall and repair when failure occurs in spite of proper vehicle maintenance and use was intended to allocate responsibility for meeting compliance standards. Chrysler contended that the cars in question had not been maintained according to their specifications. In deciding against Chrysler, the Court supported the legislative goal of forcing technological progress in emission control. A critique of this decision suggests that it opens the way for manufacturers to seek amendments that will dilute the Clean Air Act. (DCK)