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D.Vt.,2007.
Green Mountain Chrysler Plymouth Dodge Jeep v. Crombie
508 F.Supp.2d 295, 66 ERC 1157, 74 Fed. R. Evid. Serv. 551
mont Department of Environmental Conservation; and Richard Valentinetti, Director of the Air Pollution Control Division of
the Vermont Department of Environmental Conservation, Defendants,
Conservation Law Foundation; Sierra Club; Natural Resources Defense Council; Environmental Defense, Vermont Public
Interest Research Group; State of New York; and Denise M. Sheehan, in her official capacity as Commissioner of Environ-
mental Conservation of the State of New York, Defendants-Intervenors.
Interest Research Group; State of New York; and Denise M. Sheehan, in her official capacity as Commissioner of Environ-
mental Conservation of the State of New York, Defendants-Intervenors.
Nos. 2:05-CV-302, 2:05-CV-304.
Sept. 12, 2007.
(2) exclusion of consultant's expert testimony regarding feasibility of compliance with challenged regulations was not war-
ranted on basis of consultant's failure to disclose the sources for certain cells in his lumped parameter model and or his de-
struction of notes of his interviews with automakers;
(3) preemption doctrines did not apply to the interplay between Environmental Protection Agency's (EPA) authority to regu-
late greenhouse gases from new motor vehicles under Clean Air Act (CAA) and National Highway Traffic Safety Admin-
[1] Evidence 157 555.2
157 Evidence
© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
157XII Opinion Evidence
157XII(D) Examination of Experts
157k555 Basis of Opinion
157k555.2 k. Necessity and Sufficiency. Most Cited Cases
To be admissible as scientific knowledge, expert opinion testimony must be derived by the scientific method and supported
by appropriate validation. Fed.Rules Evid.Rule 702, 28 U.S.C.A.
[2] Evidence 157 547.5
157 Evidence
157 Evidence
157XII Opinion Evidence
157XII(D) Examination of Experts
157k555 Basis of Opinion
157k555.2 k. Necessity and Sufficiency. Most Cited Cases
157XII Opinion Evidence
157XII(D) Examination of Experts
157k555 Basis of Opinion
157k555.4 Sources of Data
157k555.4(1) k. In General. Most Cited Cases
157XII Opinion Evidence
157XII(D) Examination of Experts
157k555 Basis of Opinion
157k555.4 Sources of Data
157k555.4(1) k. In General. Most Cited Cases
© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
Evidence 157 557
157 Evidence
157XII Opinion Evidence
157XII(D) Examination of Experts
157k557 k. Experiments and Results Thereof. Most Cited Cases
Expert's testimony on impact of future climate change in the region was reliable and relevant in suit challenging regulations
establishing greenhouse gas (GHG) emissions standards for new automobiles; testimony was based in part on climate models
prepared by other scientists which had been selected by the United States government for use in the U.S. Global Climate
157XII(B) Subjects of Expert Testimony
157k508 k. Matters Involving Scientific or Other Special Knowledge in General. Most Cited Cases
Evidence 157 555.2
regulations was reliable and relevant in suit challenging regulations establishing greenhouse gas (GHG) emissions standards
for new automobiles; there was wide or moderate acceptance of both of consultant's primary methods of analysis, and his
work had been subjected to the extensive scrutiny of the relevant community of experts. Fed.Rules Evid.Rule 702, 28
U.S.C.A.
157k555.2 k. Necessity and Sufficiency. Most Cited Cases
With regard to reliability of expert opinion, Daubert requires general, not universal acceptance; even substantial criticism as
to one theory or procedure will not be enough to find that the theory/procedure is not generally accepted. Fed.Rules
Evid.Rule 702, 28 U.S.C.A.
© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
360 States
360I Political Status and Relations
360I(B) Federal Supremacy; Preemption
360k18.5 k. Conflicting or Conforming Laws or Regulations. Most Cited Cases
Conflict preemption exists either when compliance with both federal and state regulations is a physical impossibility, or
where state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.
U.S.C.A. Const. Art. 6, cl. 2.
[14] Statutes 361 223.1
361 Statutes
[15] Environmental Law 149E 251
149E Environmental Law
149EVI Air Pollution
360I Political Status and Relations
360I(B) Federal Supremacy; Preemption
360k18.31 k. Environment; Nuclear Projects. Most Cited Cases
Preemption doctrines did not apply to the interplay between Environmental Protection Agency's (EPA) authority to regulate
greenhouse gases from new motor vehicles under Clean Air Act (CAA) and National Highway Traffic Safety Administra-
149E Environmental Law
149EVI Air Pollution
149Ek266 Particular Sources of Pollution
149Ek273 k. Mobile Sources; Motor Vehicles. Most Cited Cases
For purposes of Energy Policy and Conservation Act (EPCA), an Environmental Protection Agency (EPA)-approved emis-
© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
149E Environmental Law
149EVI Air Pollution
149Ek249 Concurrent and Conflicting Statutes or Regulations
149Ek251 k. Federal Preemption. Most Cited Cases
Energy Policy and Conservation Act's (EPCA) preemption clause did not expressly preempt Vermont's regulations adopting
California's greenhouse gas (GHG) emissions standards for new automobiles; general language of the preemption clause and
the absence of any indication of Congressional intent about its limits, combined with the specific requirement to take Envi-
ronmental Protection Agency (EPA)-approved California emissions regulations into consideration supported a conclusion
that Congress did not clearly intend to preempt such regulations. U.S.C.A. Const. Art. 6, cl. 2; 49 U.S.C.A. § 32919(a).
360k18.7 k. Occupation of Field. Most Cited Cases
Under the doctrine of field preemption, intent for federal government to occupy the field exclusively must be clear and mani-
fest where the field includes areas that have been traditionally occupied by the states; such an intent may be inferred from a
pervasive scheme of federal regulation that leaves no room for a state to supplement, or where Congress legislates in a field
in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on
360I(B) Federal Supremacy; Preemption
360k18.11 k. Congressional Intent. Most Cited Cases
Congressional intent is the ultimate touchstone of preemption analysis. U.S.C.A. Const. Art. 6, cl. 2.
[20] Environmental Law 149E 251
States 360 18.31
360 States
[21] States 360 18.5
360 States
360I Political Status and Relations
[22] States 360 18.5
360 States
360I Political Status and Relations
360 States
360I Political Status and Relations
360I(B) Federal Supremacy; Preemption
360k18.5 k. Conflicting or Conforming Laws or Regulations. Most Cited Cases
360I Political Status and Relations
360I(B) Federal Supremacy; Preemption
360k18.5 k. Conflicting or Conforming Laws or Regulations. Most Cited Cases
Finding of conflict preemption turns on the identification of actual conflict, and a court should not find pre-emption too readi-
ly in the absence of clear evidence of a conflict. U.S.C.A. Const. Art. 6, cl. 2.
© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
157XII Opinion Evidence
157XII(D) Examination of Experts
157k555 Basis of Opinion
157k555.2 k. Necessity and Sufficiency. Most Cited Cases
To be admissible as scientific knowledge, expert opinion testimony must be derived by the scientific method and supported
by appropriate validation. Fed.Rules Evid.Rule 702, 28 U.S.C.A.
[2] Evidence 157 547.5
157 Evidence
157 Evidence
157XII Opinion Evidence
157XII(D) Examination of Experts
157k555 Basis of Opinion
157k555.2 k. Necessity and Sufficiency. Most Cited Cases
157XII Opinion Evidence
157XII(D) Examination of Experts
157k555 Basis of Opinion
157k555.4 Sources of Data
157k555.4(1) k. In General. Most Cited Cases
157XII Opinion Evidence
157XII(D) Examination of Experts
157k555 Basis of Opinion
157k555.4 Sources of Data
157k555.4(1) k. In General. Most Cited Cases
© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
Evidence 157 557
157 Evidence
157XII Opinion Evidence
157XII(D) Examination of Experts
157k557 k. Experiments and Results Thereof. Most Cited Cases
Expert's testimony on impact of future climate change in the region was reliable and relevant in suit challenging regulations
establishing greenhouse gas (GHG) emissions standards for new automobiles; testimony was based in part on climate models
prepared by other scientists which had been selected by the United States government for use in the U.S. Global Climate
157XII(B) Subjects of Expert Testimony
157k508 k. Matters Involving Scientific or Other Special Knowledge in General. Most Cited Cases
Evidence 157 555.2
regulations was reliable and relevant in suit challenging regulations establishing greenhouse gas (GHG) emissions standards
for new automobiles; there was wide or moderate acceptance of both of consultant's primary methods of analysis, and his
work had been subjected to the extensive scrutiny of the relevant community of experts. Fed.Rules Evid.Rule 702, 28
U.S.C.A.
157k555.2 k. Necessity and Sufficiency. Most Cited Cases
With regard to reliability of expert opinion, Daubert requires general, not universal acceptance; even substantial criticism as
to one theory or procedure will not be enough to find that the theory/procedure is not generally accepted. Fed.Rules
Evid.Rule 702, 28 U.S.C.A.
© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
360 States
360I Political Status and Relations
360I(B) Federal Supremacy; Preemption
360k18.5 k. Conflicting or Conforming Laws or Regulations. Most Cited Cases
Conflict preemption exists either when compliance with both federal and state regulations is a physical impossibility, or
where state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.
U.S.C.A. Const. Art. 6, cl. 2.
[14] Statutes 361 223.1
361 Statutes
[15] Environmental Law 149E 251
149E Environmental Law
149EVI Air Pollution
360I Political Status and Relations
360I(B) Federal Supremacy; Preemption
360k18.31 k. Environment; Nuclear Projects. Most Cited Cases
Preemption doctrines did not apply to the interplay between Environmental Protection Agency's (EPA) authority to regulate
greenhouse gases from new motor vehicles under Clean Air Act (CAA) and National Highway Traffic Safety Administra-
149E Environmental Law
149EVI Air Pollution
149Ek266 Particular Sources of Pollution
149Ek273 k. Mobile Sources; Motor Vehicles. Most Cited Cases
For purposes of Energy Policy and Conservation Act (EPCA), an Environmental Protection Agency (EPA)-approved emis-
© 2009 Thomson Reuters. No Claim to Orig. US Gov. Works.
149E Environmental Law
149EVI Air Pollution
149Ek249 Concurrent and Conflicting Statutes or Regulations
149Ek251 k. Federal Preemption. Most Cited Cases
Energy Policy and Conservation Act's (EPCA) preemption clause did not expressly preempt Vermont's regulations adopting
California's greenhouse gas (GHG) emissions standards for new automobiles; general language of the preemption clause and
the absence of any indication of Congressional intent about its limits, combined with the specific requirement to take Envi-
ronmental Protection Agency (EPA)-approved California emissions regulations into consideration supported a conclusion
that Congress did not clearly intend to preempt such regulations. U.S.C.A. Const. Art. 6, cl. 2; 49 U.S.C.A. § 32919(a).
360k18.7 k. Occupation of Field. Most Cited Cases
Under the doctrine of field preemption, intent for federal government to occupy the field exclusively must be clear and mani-
fest where the field includes areas that have been traditionally occupied by the states; such an intent may be inferred from a
pervasive scheme of federal regulation that leaves no room for a state to supplement, or where Congress legislates in a field
in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on
360I(B) Federal Supremacy; Preemption
360k18.11 k. Congressional Intent. Most Cited Cases
Congressional intent is the ultimate touchstone of preemption analysis. U.S.C.A. Const. Art. 6, cl. 2.
[20] Environmental Law 149E 251
States 360 18.31
360 States
[21] States 360 18.5
360 States
360I Political Status and Relations
[22] States 360 18.5
360 States
360I Political Status and Relations
360 States
360I Political Status and Relations
360I(B) Federal Supremacy; Preemption
360k18.5 k. Conflicting or Conforming Laws or Regulations. Most Cited Cases
360I Political Status and Relations
360I(B) Federal Supremacy; Preemption
360k18.5 k. Conflicting or Conforming Laws or Regulations. Most Cited Cases
Finding of conflict preemption turns on the identification of actual conflict, and a court should not find pre-emption too readi-
ly in the absence of clear evidence of a conflict. U.S.C.A. Const. Art. 6, cl. 2.
