2015

United States v. Volvo Powertrain Corp.

Key Issues

  • Can the EPA exercise its enforcement authority under the Clean Air Act to cover foreign conduct that does not have any impact within the United States

  • May the EPA exercise regulatory authority via a consent decree over matters that it concedes are outside of its statutory grant from Congress

Background

In March, OFII, along with other business associations filed an amicus brief in support of a petition for a writ of certiorari to review United States v. Volvo Powertrain Corp., 758 F.3d 330 (D.C. Cir. 2014). This case raises two fundamental questions that have been of particular importance to the United States Supreme Court in recent years: First, may EPA exercise its enforcement authority under the Clean Air Act to cover foreign conduct that does not have any impact within the United States? And, second, may the EPA exercise regulatory authority via a consent decree over matters that it concedes are outside of its statutory grant from Congress?  The Court asked the Government to file a response, which is due on April 8.

Amicus Brief Submission to the U.S. Supreme Court

 

Outcome

On June 15, 2015, he U.S. Supreme Court declined to hear they case, which imposed $62 million in penalties on more than 7,000 Volvo engines that were neither built nor sold in America.