Willard Claytor, et al. v. Volkswagen Group of America, Inc.

Does the preemption clause at Section 209(a) of the Clean Air Act, 42 U.S.C. § 7543(a), which limits state creation and enforcement of emissions standards with regard to new motor vehicles that have not passed into the hands of consumers, bar individuals from bringing state law claims related to their post-sale use of cars that violate the emissions standards set by the Clean Air Act and violate the Virginia “State Implementation Plan” under that Act?

Do individual actions under state law that seek damages for the upset of bargained for expectations, nuisance, and related state law claims “interfere” with the Clean Air Act, where such actions do not seek to enforce any emissions standard that differs from the Clean Air Act? In other words, does the Clean Air Act function as a de facto damages limitation with regard to cars that violate emissions standards, limiting liability to damages recoverable under federal law?