ELR Citation: ELR 20988
No(s). 85-4121-A (N.D. Ga. Jun 13, 1986)

The court holds that Georgia statutes requiring Environmental Protection Agency (EPA) emissions control certification and approval prior to sale, registration, and titling of imported motor vehicles are preempted by Clean Air Act §209. The court enjoins enforcement of the Georgia statutes to the extent they attempt to regulate emission controls governed by the Clean Air Act. The court also holds that the Georgia statutes are not preempted by the federal Motor Vehicle Safety Act to the extent they deal with safety requirements, since the state statutes merely require compliance with state standards identical to federal standards. Finally, the court holds that the Georgia statutes do not unconstitutionally burden interstate commerce and are not unconstitutionally vague.

Counsel for Plaintiffs
Jack H. Watson Jr.
Long, Aldridge & Norman
Two Concourse Pkwy., Suite 750, Atlanta GA 30328-5347
(404) 527-8320

Counsel for Defendants
Grace E. Evans, Ass't Attorney General
State Law Dept., 132 State Judicial Bldg., Atlanta GA 30334
(404) 656-4585