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NADA joins CAFE lawsuit

November 16, 2010

As part of its continuing efforts to promote a single, national fuel economy standard, the NADA has joined several New Mexico dealers to file a complaint against the state of New Mexico, the county of Bernalillo, and the city of Albuquerque over their adoption of California’s tailpipe greenhouse gas (GHG) standards.

The complaint, filed on April 25, challenges the state’s regulations on the ground that the Energy Policy Conservation Act, the law that spawned the federal Corporate Average Fuel Economy rules, expressly preempts any state or local laws governing fuel economy. Similar preemption challenges seeking to avoid a patchwork of state motor vehicle GHG rules are being litigated in California, Vermont, and Rhode Island. 

The New Mexico case is in line with the federal fuel economy rules that the National Highway Traffic Safety Administration proposed late last month. That proposal, which would implement the aggressive fuel economy targets mandated by the energy law that Congress passed in December 2007, definitively states that regulations like those adopted in New Mexico are preempted by the CAFE laws.

 

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