Environmental & Energy Law Program

According to a report by Harvard Law School’s Energy and Environmental Law Program: “Two federal district courts have held, for separate reasons, that the Energy Policy and Conservation Act does not preempt California’s pollution standards, and that fuel economy standards can coexist with pollution standards. In addition, the Supreme Court has held that pollution standards and fuel economy standards are legally distinct and aimed at fulfilling different congressional purposes, noting … there is no reason to think the two agencies cannot both administer their obligations and yet avoid inconsistency.”