Beam me to Planet Gore !
Posted on 07/25/2008 1:07:11 PM PDT by SmithL
SAN FRANCISCO -- A federal appeals court dealt a setback to California and environmental groups today in their battle with the Bush administration over the state's efforts to restrict vehicle emissions of gases that contribute to global warming.
The Ninth U.S. Circuit Court of Appeals in San Francisco dismissed a lawsuit filed by California and 15 other states in January over the Environmental Protection Agency's refusal to let the state enforce its limits on greenhouse gas emissions from new cars and trucks. The court said the suit was premature because the EPA hadn't yet taken formal action to deny the state's request.
The agency took that step Feb. 29 when EPA Administrator Stephen Johnson entered his decision in the Federal Register, where the government records its administrative actions. California and its allies then filed a new suit in a federal appeals court in Washington, D.C. That suit is still pending and is unaffected by today's order.
Today's dismissal slows action on the case, however, and makes it less likely that a ruling will be issued before President Bush leaves office in January. It also shifts jurisdiction to a court that ruled in 2005 that the EPA had no authority to regulate greenhouse gases under the federal Clean Air Act. The U.S. Supreme Court overturned that ruling in April 2007.
"This is merely a procedural setback, but it's dragged this litigation out longer," said Daniel Galpern, an attorney who represents Friends of the Earth, the Center for Biological Diversity and other environmental groups that joined California in both suits. "When you're dealing with climate change, attempts by California and other states to enforce their laws, delay is regrettable."
EPA spokesman Jonathan Shradar said the agency was pleased by the ruling. "We are still confident that the administrator's final decision will stand
(Excerpt) Read more at sfgate.com ...
Wow...is there hope for the 9th circus after all!
Maybe they have long memories.....stirred by the Obamination in Berlin.
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