Ronald Clark Fleshman, Jr. v. Volkswagen, AG, et al.
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. Can a 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?
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