Geier v. American Honda Motor Co., 529 U.S. 861, 39 (2000)

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

Stevens, J., dissenting

rather than a conflict with congressional policy or with the text of any regulation—to demonstrate that a common-law claim has been pre-empted.

IV

Even though the Safety Act does not expressly pre-empt common-law claims, Honda contends that Standard 208—of its own force—implicitly pre-empts the claims in this case.

"We have recognized that a federal statute implicitly overrides state law either when the scope of a statute indicates that Congress intended federal law to occupy a field exclusively, English v. General Elec. Co., 496 U. S. 72, 78-79 (1990), or when state law is in actual conflict with federal law. We have found implied conflict preemption where it is 'impossible for a private party to comply with both state and federal requirements,' id., at 79, or where state law 'stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.' Hines v. Davidowitz, 312 U. S. 52, 67 (1941)." Freightliner Corp. v. Myrick, 514 U. S. 280, 287 (1995).

In addition, we have concluded that regulations "intended to pre-empt state law" that are promulgated by an agency acting nonarbitrarily and within its congressionally delegated authority may also have pre-emptive force. Fidelity Fed. Sav. & Loan Assn. v. De la Cuesta, 458 U. S. 141, 153-154 (1982). In this case, Honda relies on the last of the implied pre-emption principles stated in Freightliner, arguing that the imposition of common-law liability for failure to install an airbag would frustrate the purposes and objectives of Standard 208.

Both the text of the statute and the text of the standard provide persuasive reasons for rejecting this argument. The saving clause of the Safety Act arguably denies the Secretary the authority to promulgate standards that would

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