6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.

Auto manufacturers and suppliers need uniformity under the law to create sufficient scale and viable markets, a policy that U.S. law for the most part aims to achieve.

Unfortunately, the U.S. Court of Appeals for the Sixth Circuit's Aug. 21 decision in Fenner v. General Motors LLC injects uncertainty and complexity regarding the preemption of state law consumer claims related to alleged violations of federal standards on emissions and fuel economy from motor vehicles.

On one hand, claims related to emissions performance are not preempted by the Clean Air Act. On the other hand, claims related to fuel economy performance are preempted by the Energy Policy and Conservation Act.