On December 13, Global Automakers, joined by the Auto Alliance and the U.S. Chamber of Commerce, filed the attached amicus curiae brief in In re Volkswagen "Clean Diesel" litigation, pending in the Ninth Circuit Court of Appeals. The case pertains to actions brought by Hillsborough and Salt Lake Counties claiming violations by VW of state anti-tampering laws based on (1) the operation of the factory-installed defeat device software in VW diesel vehicles, and (2) the updates to the defeat device software made by VW after the initial sale to a customer that the counties also claimed violated their anti-tampering laws. On April 16, 2018, the court in the Northern District of California dismissed all of the Counties’ claims as preempted by the Clean Air Act, holding that the tampering claims based on new vehicles are expressly preempted by the Clean Air Act, and that the claims related to the post-sale updates to the defeat devices were impliedly preempted under the Clean Air Act because they conflict with the federal-state responsibilities created in the Act. The brief filed by Global Automakers in the appeal of that decision argues that the counties’ efforts to pursue regulatory authority over model-wide, in-use changes to vehicle emissions contols impermissibly overlaps with that of EPA and would lead to a costly patchwork of state and local regulation of emissions.
Browse More Topics