Environmental -- 2004



Engine Manufacturers Association v. South Coast Air Quality Management District   (U.S. Supreme Court)

Preemption of state motor vehicle emission requirements

The Supreme Court held 4/27/04 that Section 209(a) of the Clean Air Act, 42 U.S.C. § 7543(a), preempts California air-quality-management district regulations that require certain motor vehicle fleet operators to purchase vehicles that the State has classified as “low emission” or that operate on an alternative fuel. Section 209(a) provides that no “State or political subdivision thereof shall adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines covered by this part.” The Court rejected arguments that the word “standard” in Section 209(a) reaches only production mandates imposed on manufacturers, and does not encompass purchase restrictions. The Court held that this argument was inconsistent with the plain meaning of “standard” and would create a nonsensical regulatory regime in which a manufacturer could not sell federally approved vehicles because state law would abrogate a purchaser’s right to buy them. The outcome of this case is important to the entire transportation industry.

The NAM and 7 other business organizations filed an amicus brief 8/29/03 arguing that the fleet rules conflict with the Clean Air Act and are preempted.