California Wins Emissions Battle with Automakers

Environmental

California won a major legal battle Wednesday in its fight to implement a global-warming law that would lead to steep increases in motor vehicle fuel economy.

A federal judge in Fresno tossed out a lawsuit filed by the world's major automakers that tried to overturn AB 1493, a law that requires a 30 percent reduction in greenhouse gas emissions by 2016.

The automakers had said the law was unconstitutional because it mandated a big jump in mileage standards - a matter that is under the authority of the U.S. Department of Transportation's National Highway Traffic Safety Administration. They further argued that the California standards would raise vehicle prices by as much as $6,000 per vhicle, leading to fewer sales and tens of thousands of auto-plant layoffs.

But U.S. District Judge Anthony Ishii rejected those claims, ruling that the goal of reducing greenhouse gas emissions and arresting climate change must go forward.

The judge's decision doesn't mean the law automatically takes effect. California still needs a waiver from the U.S. Environmental Protection Agency to implement AB 1493.

Last month the state sued the EPA to force a decision on its waiver request. On Wednesday EPA spokeswoman Jennifer Wood said the federal agency will rule on the request by the end of December. If the EPA turns down California's request, Gov. Arnold Schwarzenegger and other state officials have vowed to sue the government again.

The Fresno decision came as climatologists and policymakers, including many from California, convened in Bali, Indonesia, to hammer out a worldwide treaty on curbing greenhouse gas emissions.

State officials and environmentalists have said AB 1493 can be implemented using largely off-the-shelf technology. They say the additional cost per vehicle is probably no more than $1,800.

The Alliance of Automobile Manufacturers, responding to the decision, continued to criticize the California law, saying, "We need a consistent national policy for fuel economy, and this nationwide policy cannot be written by a single state or group of states - only by the fedeal government."

The alliance noted that leaders of Congress, working on a new federal energy bill, recently agreed to raise fuel economy standards for all vehicles from an average 25.3 mpg to 35 mpg by 2020. The bill has passed the House but not the Senate, and may run aground because of issues not related to fuel economy.

The judge's decision was greatly influenced by two earlier court cases. Last spring the U.S. Supreme Court ruled that the federal EPA had the duty to regulate greenhouse gases. More recently, a federal judge in Vermont threw out the automakers' lawsuit over a copycat law.

Vermont is one of 11 states that have adopted California's standards; five others are considering doing so. But all are on hold pending the EPA's decision on California's waiver request.

Environmentalists hailed Judge Ishii's ruling. "We keep winning," said David Bookbinder, a lawyer with the Sierra Club, which participated in the case. "The courts are simply not buying (the automakers') arguments."

He said he wouldn't be surprised if the automakers file an appeal, adding: "Sooner or later they're going to have to stop throwing lawyers at the problem and start hiring engineers."

Related listings

  • Nixon Peabody Names First Sustainability Officer

    Nixon Peabody Names First Sustainability Officer

    Environmental 11/14/2007

    The Legal Newswire - International law firm Nixon Peabody LLP announces the appointment of a Chief Sustainability Officer. Carolyn S. Kaplan, an attorney in the firm’s energy and environmental practice, will serve in the new role. Nixon Peabody is th...

  • California to Sue Over Auto Emissions

    California to Sue Over Auto Emissions

    Environmental 10/23/2007

    [##_1L|1048905051.jpg|width="90" height="119" alt=""|_##]The state's attorney general said Monday that he would sue the Environmental Protection Agency in an attempt to force it to decide whether to let California and 11 other states impose stricter ...

  • America Pipeline Company Pleads Guilty

    America Pipeline Company Pleads Guilty

    Environmental 09/05/2007

    [##_1L|1201928483.jpg|width="180" height="128" alt=""|_##]America Pipeline Company has pleaded guilty to negligently releasing about 200,000 gallons of ammonia into a Kansas creek. Authorities say the incident resulted in the killing of more than 25,...

Is Now the Time to Really Call a Special Education Lawyer?

IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.

Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.

Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.

Business News

St Peters, MO Professional License Attorney Attorney John Lynch has been the go-to choice for many professionals facing administrative sanction. >> read