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U.S. Court of Appeals for the Sixth Circuit

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Sixth Circuit holds that the Clean Air Act empowers the EPA’s Administrator, not a lay jury, to determine compliance with EPA regulations and remands for the district court to determine whether, on the record below, plaintiffs’ claims are preempted or that they have shown evidence supporting a theory of liability that exists independently of EPA standards

June 06, 2025

Opinion

U.S. Chamber files coalition amicus brief urging Sixth Circuit to hold that the Clean Air Act preempts state-law claims second guessing EPA vehicle emissions certifications

June 20, 2024

U.S. Chamber Coalition Amicus Brief

Jonathan S. Martel, David J. Weiner, Samuel I. Ferenc, and S. Zachary Fayne of Arnold & Porter Kaye Scholer LLP served as outside counsel.

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