ELR Citation: ELR 20026
No(s). 03-16621 (9th Cir. Feb 3, 2005)

The Ninth Circuit held that the Energy Policy and Conservation Act does not preempt California appliance regulations requiring appliance manufacturers to submit data about their appliances, mark their appliances with brand name and performance information, and be subjected to compliance and enforcement rules. There is no indication that Congress intended to preempt state regulations requiring the submission of data to state government agencies. Nor are the marking requirements contained in the state regulations preempted by the Act. And if the state's substantive regulations are not preempted by federal law, then the relevant compliance and enforcement provisions are also not preempted.