{"title":"美国最高法院","authors":"Willis Van Devanter","doi":"10.1002/j.1551-8833.1937.tb13925.x","DOIUrl":null,"url":null,"abstract":"Respondent South Coast Air Quality Management District (District)— the California subdivision responsible for air pollution control in the Los Angeles metropolitan area—enacted six Fleet Rules prohibiting the purchase or lease by various public and private fleet operators of vehicles that do not comply with requirements in the Rules. Petitioner Engine Manufacturers Association sued the District and its officials, claiming that the Fleet Rules were pre-empted by §209 of the federal Clean Air Act (CAA), which prohibits the adoption or attempted enforcement of any state or local “standard relating to the control of emissions from new motor vehicles or new motor vehicle engines,” 42 U. S. C. §7543(a). In upholding the Rules, the District Court found that they were not “standard[s]” under §209 because they regulate only the purchase of vehicles that are otherwise certified for sale in California, and distinguished decisions of the First and Second Circuits pre-empting similar state laws as involving a restriction on vehicle sales rather than vehicle purchases. The Ninth Circuit affirmed.","PeriodicalId":46974,"journal":{"name":"Indiana Law Journal","volume":"31 1","pages":"1"},"PeriodicalIF":1.5000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Supreme Court of the United States\",\"authors\":\"Willis Van Devanter\",\"doi\":\"10.1002/j.1551-8833.1937.tb13925.x\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Respondent South Coast Air Quality Management District (District)— the California subdivision responsible for air pollution control in the Los Angeles metropolitan area—enacted six Fleet Rules prohibiting the purchase or lease by various public and private fleet operators of vehicles that do not comply with requirements in the Rules. Petitioner Engine Manufacturers Association sued the District and its officials, claiming that the Fleet Rules were pre-empted by §209 of the federal Clean Air Act (CAA), which prohibits the adoption or attempted enforcement of any state or local “standard relating to the control of emissions from new motor vehicles or new motor vehicle engines,” 42 U. S. C. §7543(a). In upholding the Rules, the District Court found that they were not “standard[s]” under §209 because they regulate only the purchase of vehicles that are otherwise certified for sale in California, and distinguished decisions of the First and Second Circuits pre-empting similar state laws as involving a restriction on vehicle sales rather than vehicle purchases. The Ninth Circuit affirmed.\",\"PeriodicalId\":46974,\"journal\":{\"name\":\"Indiana Law Journal\",\"volume\":\"31 1\",\"pages\":\"1\"},\"PeriodicalIF\":1.5000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Indiana Law Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1002/j.1551-8833.1937.tb13925.x\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Indiana Law Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1002/j.1551-8833.1937.tb13925.x","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Respondent South Coast Air Quality Management District (District)— the California subdivision responsible for air pollution control in the Los Angeles metropolitan area—enacted six Fleet Rules prohibiting the purchase or lease by various public and private fleet operators of vehicles that do not comply with requirements in the Rules. Petitioner Engine Manufacturers Association sued the District and its officials, claiming that the Fleet Rules were pre-empted by §209 of the federal Clean Air Act (CAA), which prohibits the adoption or attempted enforcement of any state or local “standard relating to the control of emissions from new motor vehicles or new motor vehicle engines,” 42 U. S. C. §7543(a). In upholding the Rules, the District Court found that they were not “standard[s]” under §209 because they regulate only the purchase of vehicles that are otherwise certified for sale in California, and distinguished decisions of the First and Second Circuits pre-empting similar state laws as involving a restriction on vehicle sales rather than vehicle purchases. The Ninth Circuit affirmed.
期刊介绍:
Founded in 1925, the Indiana Law Journal is a general-interest academic legal journal. The Indiana Law Journal is published quarterly by students of the Indiana University Maurer School of Law — Bloomington. The opportunity to become a member of the Journal is available to all students at the end of their first-year. Members are selected in one of two ways. First, students in the top of their class academically are automatically invited to become members. Second, a blind-graded writing competition is held to fill the remaining slots. This competition tests students" Bluebook skills and legal writing ability. Overall, approximately thirty-five offers are extended each year. Candidates who accept their offers make a two-year commitment to the Journal.