9th Circ.'s VW Ruling Promotes Patchwork Auto Regs

In a recent decision in the Volkswagen multidistrict litigation, the U.S. Court of Appeals for the Ninth Circuit held that the Clean Air Act does not preempt enforcement of state and local anti-tampering laws for post-sale vehicles. The court rejected applying the long-standing Allway Taxi doctrine, which extended Clean Air Act preemption to post-sale regulation of vehicle emissions. The court's decision raises significant policy and legal concerns about state and local governments creating a patchwork of regulations governing post-sale vehicle maintenance, recalls and field fixes.