Geier v. American Honda Motor Co., 529 U.S. 861, 7 (2000)

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Cite as: 529 U. S. 861 (2000)

Opinion of the Court

In reaching our conclusion, we consider three subsidiary questions. First, does the Act's express pre-emption provision pre-empt this lawsuit? We think not. Second, do ordinary pre-emption principles nonetheless apply? We hold that they do. Third, does this lawsuit actually conflict with FMVSS 208, hence with the Act itself? We hold that it does.

II

We first ask whether the Safety Act's express pre-emption provision pre-empts this tort action. The provision reads as follows:

"Whenever a Federal motor vehicle safety standard established under this subchapter is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment[,] any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard." 15 U. S. C. § 1392(d) (1988 ed.).

American Honda points out that a majority of this Court has said that a somewhat similar statutory provision in a different federal statute—a provision that uses the word "requirements"—may well expressly pre-empt similar tort actions. See, e. g., Medtronic, Inc. v. Lohr, 518 U. S. 470, 502-504 (1996) (plurality opinion); id., at 503-505 (Breyer, J., concurring in part and concurring in judgment); id., at 509-512 (O'Connor, J., concurring in part and dissenting in part). Petitioners reply that this statute speaks of pre-empting a state-law "safety standard," not a "requirement," and that a tort action does not involve a safety standard. Hence, they conclude, the express pre-emption provision does not apply.

We need not determine the precise significance of the use of the word "standard," rather than "requirement," however, for the Act contains another provision, which resolves the

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