Volkswagen Group of America v. Environmental Protection Commission of Hillsborough County (U.S. Supreme Court)

On behalf of the Product Liability Advisory Council (PLAC) and the Motor & Equipment Manufacturers Association (MEMA), we filed a certiorari-stage amicus brief in support of Volkswagen. The brief urges the Supreme Court to grant certiorari and hold that the Clean Air Act preempts States and localities from regulating manufacturers’ post-sale, nationwide updates to vehicle-emission systems. The brief argues that the text of the Clean Air Act expressly preempts state and local regulation of fleet-wide emission standards, and that duplicative regulation is impliedly preempted because it conflicts with Congress’s purposes and objectives in setting a uniform emission and penalty regime. The brief also highlights the vital role that the auto industry plays in the U.S. economy and the sheer number of post-sale updates to vehicle emissions systems that manufacturers make every year. As the brief explains, if the Ninth Circuit’s decision is allowed to stand, there would be a patchwork of emission regulations across the country – leading to massive litigation and increased costs for manufacturers and consumers.