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The Ninth Circuit held that the Clean Air Act expressly preempts state and local claims related to emissions control tampering prior to sale but does not apply to post sale activities, even when those activities were conducted on a model-wide basis. The U.S. Chamber submitted an amicus brief urging the court to recognize that the Clean Air Act preempts claims related to model-wide emissions control activities, which are regulated and enforced by the U.S. EPA.
Click here to view the brief filed by the U.S. Chamber, Alliance of Automobile Manufacturers, and Association of Global Automakers.
Jonathan S. Martel, S. Zachary Fayne, and Sarah Grey of Arnold & Porter Kaye Scholer LLP served as co-counsel for the amici.