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Judge says lawsuit over California auto emissions can go forward
AP ^ | 9/25/6 | DON THOMPSON

Posted on 09/25/2006 7:05:33 PM PDT by SmithL

Automakers can continue their lawsuit seeking to block strict vehicle emission standards adopted two years ago by California regulators, a federal judge said in a ruling filed Monday.

U.S. District Judge Anthony Ishii sided preliminarily with a coalition of automakers on their three major arguments against the state law, which was passed in 2002 and adopted two years later by the state air board. He threw out two lesser arguments, but ruled the suit should go to trial Jan. 30.

The tailpipe standards adopted by the California Air Resources Board were designed to cut greenhouse gas emissions from cars and light trucks by 25 percent and from sport utility vehicles by 18 percent starting in 2009. Ten other states have since adopted the California standard.

The automobile industry sued in U.S. District Court in Fresno, arguing that the state law amounts to an attempt to set new fuel-economy standards, something it says can be done only by the federal government.

The judge ruled that automakers can continue with their argument that allowing states to set their own emission standards would violate two federal laws that reserve that power to the federal government. Ishii also allowed an argument by the automakers that California's regulations would undermine the federal government's ability to conduct a uniform foreign policy.

The judge prohibited automakers from arguing that the California law would impede interstate commerce or business competition.

"We're disappointed because it's going to cost taxpayers a lot of money to defend California laws. But we're prepared to do that because it's a really important law, worth fighting for," said Teresa Schilling, a spokeswoman for state Attorney General Bill Lockyer.

(Excerpt) Read more at sfgate.com ...


TOPICS: Extended News; Government; News/Current Events; US: California
KEYWORDS: ab1493; carb; lockyer; nuisance
"We're disappointed because it's going to cost taxpayers a lot of money to defend California laws. But we're prepared to do that because it's a really important law, worth fighting for," said Teresa Schilling, a spokeswoman for state Attorney General Bill Lockyer.

What's taxpayer money, they have an agenda.

1 posted on 09/25/2006 7:05:34 PM PDT by SmithL
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To: SmithL
Automakers can continue their lawsuit seeking to block strict vehicle emission standards adopted two years ago by California regulators, a federal judge said in a ruling filed Monday.

This lawsuit was on emissions standards. Just wait until the automakers go after the latest crap from CA blaming them for global warming.

2 posted on 09/25/2006 7:09:55 PM PDT by CedarDave (First rocket launch from Bill Richardson's NM spaceport crashes -- must be made in North Korea)
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To: SmithL

District Court Judge Anthony W. Ishii

"U. S. District Court, Eastern District of California
Nominated by William J. Clinton on February 12, 1997, to a seat vacated by Robert E. Coyle
Confirmed by the Senate on October 9, 1997, and received commission on October 14, 1997."

Gee, who would have thunk it?


3 posted on 09/25/2006 7:10:40 PM PDT by EQAndyBuzz ("Freedom by its nature cannot be imposed, it must be chosen")
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To: SmithL

In our system, an "argument" is not what you think or say, but that which a judge allows.


China.


4 posted on 09/25/2006 7:12:49 PM PDT by SteveMcKing
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To: SmithL
The judge is an idiot.
5 posted on 09/25/2006 7:14:45 PM PDT by Eric in the Ozarks (BTUs are my Beat.)
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To: SmithL

Wouldn't it be easier to ban all cars from California? That won't cost us anything.


6 posted on 09/25/2006 7:18:52 PM PDT by caisson71
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To: SmithL

To ALL California Freepers

Please DON"T EXPORT THIS CRAP East

As a Texan "I Hate almost anything from California", 99.9% of the time I don't even have to think about it.

This is the .10 I thought about, you folks need to destroy it. Do not let that crap seep East.

TT


7 posted on 09/25/2006 7:30:42 PM PDT by TexasTransplant (NEMO ME IMPUNE LACESSET)
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To: SmithL

in what way is,
the fuel economy standard,
only federal?

does federal law write that?


8 posted on 09/25/2006 7:36:28 PM PDT by greasepaint
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To: SmithL

I wonder if Judge Anthony Ishii is related to the honorable moron Judge Ito? (the judge whose incompetency assured that O. J.Simpson woukd walk)


9 posted on 09/25/2006 7:45:33 PM PDT by Minutemen ("It's a Religion of Peace")
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To: SmithL; NormsRevenge
I'm confused by the comments on this thread. I see this as good news as CARB is way out of control with their mandates. In response to this original lawsuit by automakers, Lockyer filed his "public nuisance" complaint. That should be thrown out of court!
10 posted on 09/25/2006 8:57:33 PM PDT by calcowgirl ("Liberalism is just Communism sold by the drink." P. J. O'Rourke)
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To: SmithL

This means that Fornicalia is going to pee lots of its taxpayers' money down the drain to lawyers and still lose.


11 posted on 09/25/2006 9:44:42 PM PDT by HiTech RedNeck
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