Ford Fuel Economy Testing Claims Impliedly Preempted, 6th Cir. Affirms

CINCINNATI - The 6th Circuit U.S. Court of Appeals has upheld dismissal of claims filed against Ford Motor Co. by a group of consumers accusing it of intentionally submitting false fuel economy testing figures for certain vehicles to the Environmental Protection Agency, affirming that they are impliedly preempted.

In an April 21 opinion, the appellate panel found the claims impermissibly challenge the EPA’s regulatory authority, in contravention of the U.S. Supreme Court’s ruling in Buckman v. Plaintiffs’ Legal Committee.

Plaintiffs alleged Ford “cheated on its fuel economy and emissions testing,” which it submitted to the EPA and which purportedly …