Sec. 4. Limitation on liability
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/bill/113/hr/1214/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No qualified civil liability action shall be filed or maintained in any court of the United States or any State court. Any qualified civil liability action filed or pending in any court of the United States or any State court on or after the date of enactment of this Act shall be dismissed with prejudice. Notwithstanding any Federal, State, or local law (including common law), no qualified product shall be considered to be a defective product, if the qualified product does not violate a control or prohibition, respecting any characteristic or component of the qualified product, imposed by the Administrator of the Environmental Protection Agency under section 211 of the Clean Air Act ( 42 U.S.C. 7545 ).
In this section: The term covered entity means any entity engaged in the design, manufacture, sale, or distribution of any— qualified product; or motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment. The term motor vehicle has the meaning given the term in section 216 of the Clean Air Act ( 42 U.S.C. 7550 ). The term motor vehicle engine means an engine in a motor vehicle. The term nonroad engine has the meaning given the term in section 216 of the Clean Air Act ( 42 U.S.C. 7550 ).
The term nonroad equipment means any recreational, construction, industrial, agricultural, logging, residential, commercial lawn and garden, or other equipment that incorporates a nonroad engine. The term nonroad vehicle has the meaning given the term in section 216 of the Clean Air Act ( 42 U.S.C. 7550 ). The term person has the meaning given the term in section 1 of title 1, United States Code, except that the term includes any governmental entity. The term qualified civil liability action means any civil action or proceeding brought by any person against a covered entity for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief, resulting from the introduction of any qualified product into any motor vehicle, motor vehicle engine, nonroad vehicle, nonroad engine, or nonroad equipment.
The term qualified product means— any fuel or fuel additive for which a registration is in effect under section 211(b) of the Clean Air Act ( 42 U.S.C. 7545(b) ) or any other Federal law enacted on or after October 13, 2010; a transportation fuel or transportation fuel additive that— contains any renewable fuel (as defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))); and is designated for introduction into interstate commerce by the Administrator of the Environmental Protection Agency or the Secretary of Energy under the Clean Air Act ( 42 U.S.C. 7401 et seq. ), the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.), or any other Federal law enacted on or after October 13, 2010; any component of a fuel or fuel additive described in subparagraph
(A)or (B); or any blend stock. The term State means each of the several States of the United States; the District of Columbia; and any territory, commonwealth, or possession of the United States.
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