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November 5, 2007

Vermont Auto Emissions Regulations Upheld in Face of Preemption Challenge

In Green Mountain Chrysler Plymouth Dodge Jeep v. Crombie, the federal district court of the district of Vermont held that states other than California may adopt California's standards for controlling greenhouse gases from cars, without running afoul of federal preemption doctrine.  The Clean Airt Act section 209(a) requires the EPA to waive preemption under certain circumstances, and states other than California may adopt such standards where waivers have been granted.  The Vermont standards were sufficiently unrelated to fuel economy to avoid express preemption, Congress did not intend CAFE (corporate average fuel economy) standards to occupy the field, and the Vermont standards did not impermissibly intrude into the realm of foreign affairs or conflict with foreign policy. 

November 5, 2007 in Hot Topics | Permalink

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