Supreme Court of the United States · Official docket →
Volkswagen Group of America, Inc., et al. v. The Environmental Protection Commission of Hillsborough County, Florida, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-15937 · judgment June 1, 2020
Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a business petitioner.
Question presented
Title II of the Clean Air Act (“CAA”) grants the U.S. Environmental Protection Agency (“EPA”) broad and exclusive authority to enforce auto manufacturers’ compliance with CAA standards over the entire useful life of their vehicles. To avoid conflicting regulation, Congress directed that “[n]o State or any political subdivision thereof shall adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles . . . .” 42 U.S.C. § 7543(a). Exercising its authority, EPA reached a multi-billiondollar resolution with petitioners relating to, among other things, post-sale software updates made to their vehicles on a nationwide basis. Certain state and local governments nonetheless brought unprecedented lawsuits seeking billions more in penalties based on the same updates. The Ninth Circuit below—in direct conflict with final decisions of the Alabama Supreme Court and intermediate appellate courts in Tennessee and Minnesota—held that all 50 states and thousands of local governments may freely regulate manufacturers’ post-sale, nationwide updates to vehicle emission systems. The question presented is whether the CAA preempts state and local governments from regulating manufacturers’ post-sale, nationwide updates to vehicle emission systems.
Counsel of record
For petitioner
Robert J. Giuffra Jr.
Sullivan & Cromwell
For respondent
Peter K. Stris
Stris and Maher LLP
Case
Conference history
Distributed for 5 conferences
Amicus briefs
5 cert-stage
Proceedings
- Nov 15 2021Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition.
- Nov 08 2021DISTRIBUTED for Conference of 11/12/2021.
- Nov 01 2021DISTRIBUTED for Conference of 11/5/2021.
- Oct 13 2021DISTRIBUTED for Conference of 10/29/2021.
- Oct 11 2021Supplemental brief of petitioners Volkswagen Group of America, Inc., et al. filed. (Distributed)
- Sep 27 2021Brief amicus curiae of United States filed.
- Apr 26 2021The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Breyer took no part in the consideration of this petition.
- Apr 07 2021DISTRIBUTED for Conference of 4/23/2021.
- Apr 06 2021Reply of petitioners Volkswagen Group of America, Inc., et al. filed. (Distributed)
- Mar 18 2021Brief of respondents The Environmental Protection Commission of Hillsborough County, Florida, et al. in opposition filed.
- Feb 22 2021Brief amici curiae of Alliance for Automotive Innovation and National Automobile Dealers Association filed.
- Feb 16 2021Response Requested. (Due March 18, 2021)
- Feb 16 2021Brief amici curiae of International Organization of Motor Vehicle Manufacturers, European Automobile Manufacturers’ Association, and European Association of Automotive Suppliers filed.
- Feb 16 2021Brief amici curiae of Product Liability Advisory Council, Inc. and the Motor & Equipment Manufacturers Association filed.
- Feb 16 2021Brief amici curiae of Former Environmental Protection Agency Officials, et al. filed.
- Feb 04 2021Blanket Consent filed by Petitioner, Volkswagen Group of America, Inc., et al.
- Feb 03 2021DISTRIBUTED for Conference of 2/19/2021.
- Jan 26 2021Waiver of right of respondent The Environmental Protection Commission of Hillsborough County, Florida, et al. to respond filed.
- Jan 21 2021Petition for a writ of certiorari filed. (Response due February 25, 2021)