Law360 wrote about a major development in EPC of Hillsborough County v. Volkswagen Group of America, No. 18-15937 (9th Cir.), featuring a comment from founding partner of Stris & Maher and lead appellate counsel for the counties, Peter Stris. The article is accessible here.
More on the case:
On August 22nd, the Ninth Circuit took a major step in a closely-watched case against Volkswagen arising out of emissions cheating that sparked a nationwide scandal several years ago. The court invited the U.S. Solicitor General and EPA to express their views about whether the federal Clean Air Act preempts state and local governments from enforcing their own laws against tampering with a car’s emission control system. In this case, Hillsborough County, Florida and Salt Lake County, Utah sued Volkswagen for tampering that occurred on cars within their borders. Although many states and counties have likewise sued the company for its misconduct, this is the first such case to reach a federal court of appeals.
The order comes after Mr. Stris argued the case before Judge Tallman, Judge Ikuta, and Judge N.R. Smith on August 6, 2019. Video of the argument can be found here.