Posted on 09/17/2007 5:25:11 PM PDT by BurbankKarl
A federal judge today tossed out a lawsuit filed by California that sought to hold the world's six largest automakers accountable for their contribution to global warming.
In its lawsuit filed last year, California blamed the auto industry for millions of dollars it expects to spend on repairing damage from global-warming induced floods and other natural disasters.
But District Judge Martin Jenkins in San Francisco handed California Attorney General Jerry Brown's environmental crusade a stinging rebuke when he ruled that it was impossible to determine to what extent automakers are responsible for global-warming damages in California. Many culprits, including other industries and even natural sources, are responsible for emitting carbon dioxide.
"The court is left without guidance in determining what is an unreasonable contribution to the sum of carbon dioxide in the earth's atmosphere, or in determining who should bear the costs associated with global climate change that admittedly result from multiple sources around the globe," Jenkins wrote.
The judge also ruled that keeping the lawsuit alive would threaten the country's foreign policy position.
The Bush administration has consistently opposed any international treaty -- including the 1997 Kyoto Protocol -- that would impose cuts on greenhouse gases.
"President George W. Bush opposes the protocol because it exempts developing nations who are major emitters, fails to address two major pollutants, and would have a negative economic impact on the United States," Jenkins wrote in his 24-page decision. To rule in favor of California would undermine the administration's position, Jenkins said.
Jenkins said it's up to lawmakers, rather than judges, to determine how responsible automakers are for global warming problems.
(Excerpt) Read more at latimes.com ...
Judge Martin J. Jenkins (born 1954) is a federal judge in the United States District Court for the Northern District of California in San Francisco. Judge Jenkins was appointed by President Bill Clinton in 1997. Judge Jenkins attended the University of San Francisco School of Law.
Prior to joining the bench in 1989, Judge Jenkins was a judge in the California state court system. Previously, Judge Jenkins worked as a prosecutor in Alameda County, California for three years, and for the U.S. Department of Justice in the civil rights division for two years, and as in-house counsel for Pacific Bell for four years. Judge Jenkins also briefly played professional football for the Seattle Seahawks.
If that’s the only reason why he’s tossing the lawsuit, then it’s just a matter of time before the automakers and every other industry that burns something will be stuck with the imagined bill for global warming.
“Judge Jenkins also briefly played professional football for the Seattle Seahawks.”
Right guard??
;-)
That’s actually a fairly reasoned ruling. And this from a guy out of San Francisco, appointed by Bubba.
Arnold tried to place himself in history as Richard the Lionheart.
He is actually Arnold the fool.
I’d prolly still live in Ca if it wasnt full of crackpots
If California is so concerned about it why don’t they make the first move and ban all motorized private transportation. Including hybrid/electric cars which create much more pollution in their manufacture and disposal then petroleum powered vehicles do.
Better yet they should not allow any private jets to land at any California airport.
There’s no reason to celebrate. Remember the early lawsuits brought against the tobacco companies and how they won suit after suit? They’ll keep coming back with this until they get a favorable ruling even if it’s 10 years down the road.
Remember, exhaust kills.
I left 3 months ago—hello sunny (and soon to be freezing) NH.
New Hampster is nice. Property taxes suck though
True, but no sales tax and no income tax so, all things being equal (especially coming from Los Angeles), I come out way ahead.
They get you one way or another L0L.
I think you will like the area
From your screen name Im guessing you are going to Nashua to work for BAE?
Califonia was trying to do a “tobacco suit” settlement.
I predict the state will fund all sorts of junk science suits to “establish” the direct connection.
Amazing! A SANE ruling from a California Court!
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
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