Auto Manufacturers Lose Challenge to Strict Emissions Standards
A federal judge in Vermont denied automobile manufacturers injunctive relief from California vehicle greenhouse gas emissions standards adopted by Vermont in 2005.
September 13, 2007 at 07:38 AM
2 minute read
The original version of this story was published on Law.com
A federal judge in Vermont denied automobile manufacturers injunctive relief from California vehicle greenhouse gas emissions standards adopted by Vermont in 2005. Plaintiffs in the consolidated cases were GM, DaimlerChrysler, the Alliance of Automobile Manufacturers, the Association of International Automobile Manufacturers, and several local car dealerships.
“Today's decision marks another important victory in the fight against global warming,” said Gov. Arnold Schwarzenegger in a statement. “California and other states that want to take aggressive action will no longer be blocked by those who stand in our way.”
Judge William K. Sessions III of the U.S. District Court for the District of Vermont ruled in a 240-page opinion that the California standards are not pre-empted by federal regulations, finding that “through amendments to the [Clean Air Act], Congress has essentially designated California as a proving ground for innovation in emission control regulations.”
Sessions also found the greenhouse gas emissions standards would not present a burden beyond the automakers' ability to meet, citing manufacturers' progress in developing hybrid, clean diesel and powertrain technologies.
“History suggests that the ingenuity of the industry, once put in gear, responds admirably to most technological challenges,” Sessions said. “In light of the public statements of industry representatives, history of compliance with previous technological challenges, and the state of the record, the Court remains unconvinced automakers cannot meet the challenges of Vermont and California's [greenhouse gas] regulations.”
According to the Sierra Club, a defendant in the case, the California emissions standards have been adopted by at least 11 other states and could reduce vehicle greenhouse gas emissions by about 30 percent. Full implementation of the standards is set for 2016, though similar cases are pending in California and Rhode Island. In addition, the president could veto an Environmental Protection Agency waiver of federal pre-emption necessary for implementation in California.
“While the importance of this victory can scarcely be overstated,” said Sierra Club's Chief Climate Counsel David Bookbinder in a statement, “it's now time for the Bush Administration's EPA to get out of the way and grant California the waiver it and other states need in order to move forward with these landmark standards.”
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