Opinion

Sims v. Florida, Department of Highway Safety & Motor Vehicles

862 F.2d 1449

Court: Court of Appeals for the Eleventh Circuit
Filed: Jan 11, 1989
Status: Published
Author: Cox
On the bench: Anderson, Cox, Edmondson, Fay, Hatchett, Hill, Johnson, Kravitch, Roney, Tjoflat, Vance
Cited by: 8 cases

“[Ejnforcement of the Clean Air Act before the first sale of new motor vehicles is the sole and exclusive prerogative of the federal government.”

How later courts described this case

“[Ejnforcement of the Clean Air Act before the first sale of new motor vehicles is the sole and exclusive prerogative of the federal government.”
Section 209(a) bars even state law that “does -not establish new or conflicting emission standards”

Written by the judges who cited it.

The opinion

COX, Circuit Judge,

dissenting:

I concur in Part IY of Judge Tjoflat’s dissenting opinion, and I would not reach the other issues presented.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.