Clean Cars

In a nutshell, this is the agencies’ proposed preemption argument: The Energy Policy and Conservation Act has a broad, clear preemption provision which preempts state laws or regulations “related to fuel economy standards or average fuel economy standards” and California’s Advanced Clean Cars program regulations are “related to fuel economy standards” and are thus preempted.

Can California’s Clean Air Act waiver to implement its Advanced Clean Cars Program be preempted by NHTSA Fuel Economy Standards under the Energy Policy and Conservation Act? Here we summarize the state of current law.