6th Cir. Denies Bid for En Banc Review of Ruling Upholding Dismissal of Ford Fuel Economy Testing Claims

CINCINNATI - The 6th Circuit U.S. Court of Appeals has denied a bid for en banc review of a panel ruling that claims accusing Ford Motor Co. of intentionally submitting false fuel economy testing figures to the Environmental Protection Agency are impliedly preempted.

In an April 21 opinion, the appellate panel found the claims impermissibly challenge the EPA’s regulatory authority, in contravention of the U.S. Supreme Court’s ruling in Buckman v. Plaintiffs’ Legal Committee. The panel denied consumers’ petition for en banc review on June 22.

Plaintiffs alleged Ford “cheated on its fuel economy and emissions testing,” which it submitted …