49 U.S.C. § 32919
Section 32919 · Preemption
Amended 2 times on record
Applied in 12 court decisions — leading case Metropolitan Taxicab Board of Trade v. City of New York (2010)
Most recently applied in Portland Pipe Line Corp. v. City of S. Portland (December 2017)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) General.—When an average fuel economy standard prescribed under this chapter is in effect, a State or a political subdivision of a State may not adopt or enforce a law or regulation related to fuel economy standards or average fuel economy standards for automobiles covered by an average fuel economy standard under this chapter.
(b) Requirements Must Be Identical.—When a requirement under section 32908 of this title is in effect, a State or a political subdivision of a State may adopt or enforce a law or regulation on disclosure of fuel economy or fuel operating costs for an automobile covered by section 32908 only if the law or regulation is identical to that requirement.
(c) State and Political Subdivision Automobiles.—A State or a political subdivision of a State may prescribe requirements for fuel economy for automobiles obtained for its own use.
Editorial notes U.S. Code · Office of the Law Revision Counsel
In subsection (a), the word “prescribed” is substituted for “established” for consistency.
Amendments
1994—Pub. L. 103–429 renumbered section 32918 of this title as this section.