9th Circ. Leaves VW Bracing For Post-Sale Tampering Claims

June 2, 2020Media Mention

Greenberg Glusker environmental partner, Noah Perch-Ahern, was interviewed by Law360 for his insights regarding potential emissions-tampering claims against Volkswagon Group of America following a Ninth Circuit decision, published in the article, "9th Circ. Leaves VW Bracing For Post-Sale Tampering Claims," on June 2, 2020.


And that may embolden state and local governments, especially since the ruling appears to give them "broad powers and jurisdiction over post-sale automobile regulations, even if they relate to emissions," said Noah Perch-Ahern, a environmental law partner at Greenberg Glusker Fields Claman & Machtinger LLP.

"That said, the court's analysis was predicated in part on the fact that anti-tampering laws are not different [from] federal law," he said. "Other types of post-sale emissions regulations may not survive a similar preemption analysis."

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