Judge rejects Vermont's request to throw out emissions lawsuit (trial begins Monday)

AP on Bakersfield Californian ^ | 4/4/07 | David Gram - ap

[NormsRevenge]

A federal judge on Wednesday refused to throw out a lawsuit by automakers aimed at blocking states from regulating emissions of the greenhouse gas carbon dioxide.

The decision by District Court Judge William Sessions III came two days after the U.S. Supreme Court ruled that automobile emissions are subject to regulation by the federal Environmental Protection Agency.

Sessions' ruling clears the way for a trial scheduled to begin Monday over rules drafted by California and being followed by Vermont and nine other states. Under those rules, states would regulate carbon emissions.

The federal Clean Air Act allows California to set more stringent emission limits than the federal government does and allows states to adopt California's rules. Automakers argue that the only way to reduce carbon emissions is to improve fuel economy, which is the responsibility of the federal government.

"The carbon that vehicles emit is proportional to the amount of gasoline a vehicle burns," said Charles Territo, spokesman for the Alliance of Automobile Manufacturers. That group includes BMW, Daimler-Chrysler, Ford, General Motors, Mazda, Mitsubishi, Porsche, Toyota and Volkswagen.

The industry also has filed suit in California to challenge a 2002 law that made it the first state to label greenhouse gases as air pollutants. That lawsuit has been hold since January pending the outcome of the Supreme Court case.

The legal challenge is among the obstacles preventing California from implementing its tailpipe emissions law. It would force automakers to cut greenhouse gases from cars, trucks and sports utility vehicles beginning in 2009. The state also is awaiting approval from the EPA.

In court Wednesday in Vermont, lawyers for the state and environmental groups argued that the Supreme Court settled the question of which agency has the authority to regulate emissions and that there was no reason for

[ProtectOurFreedom]

Without a doubt, this is the death knell for large cars and truck, for speed limits over 50 or 55 mph, for free parking at your work, for “low” taxes on gasoline and diesel, and your right to decide how many miles you want to drive per year. Severe restrictions on all these economic and personal choice freedoms are just around the corner. The commies are creeping in disguised as envirowackos.

[ustanker]

Guess I’m gonna go shopping for a Ten -speed Husky! Professer Gore is probally dancing in his mansion with this news! {with the lights off of course}

[ClaireSolt]

These measures all seem very indirect to me and therefore dubious. California hass a problem which it doesn’t want to solve , so it foists it off on Detroit. Or worse, raises the tax on gasoline on the assumption that indirectly that might help.

[Inquisitive1]

Mabye auto makers should take a lesson from the insurance companies and not sell their product in markets like Vermont and CA.

Let them ride horses.