Case Updates
Ohio Supreme Court concludes that the federal Clean Air Act neither expressly nor impliedly preempts claims under state law for manufacturers’ post-sale tampering with vehicles’ emissions-control systems
July 22, 2021
Click here to view the opinion. The U.S. Chamber filed two coalition amicus briefs opposing this outcome.
U.S. Chamber files coalition amicus brief urging Ohio Supreme Court to recognize that the Clean Air Act preempts state-law claims against auto manufacturers arising from model-wide changes to vehicle emissions systems
June 22, 2020
Click here to view the amicus brief filed jointly by the U.S. Chamber, Ohio Chamber, and Alliance for Automotive Innovation.
Previously, the U.S. Chamber filed a coalition brief urging the Ohio Supreme Court to review the case.
Appeal accepted for review
March 31, 2020
U.S. Chamber urges Ohio Supreme Court to review a lower court decision holding that the Clean Air Act does not preempt state-law claims against auto manufacturers arising from model-wide changes to vehicle emissions systems
January 24, 2020
Click here to view the amicus brief filed jointly by the U.S. Chamber, Ohio Chamber of Commerce, and Alliance for Automotive Innovation. The brief urges the Ohio Supreme Court to accept jurisdiction over a lower court decision that failed to enforce the Clean Air Act’s preemption of state and municipal enforcement against model-wide changes in vehicle emissions controls and software, which are comprehensively regulated by the U.S. EPA. Jayce Born of Arnold & Porter Kaye Scholler LLP served as co-counsel for the amici.
Case Documents
- Decision -- State of Ohio v. Volkswagen Aktiengesellschaft (Ohio Court of Appeals).pdf
- U.S. Chamber, et al. Amicus Brief -- State of Ohio v. Volkswagen Aktiengesellschaft (Ohio Supreme Court).pdf
- U.S. Chamber Coalition Amicus Brief (merits) -- Ohio v. Volkswagen Aktiengesellschaft (Supreme Court of Ohio).pdf
- Opinion -- Ohio v. Volkswagen Aktiengesellschaft (Supreme Court of Ohio).pdf