Judge rejects automakers' emissions suit

AP writer Samantha Young reported:

Handing a major defeat to the auto industry, U.S. District Court Judge Anthony Ishii ruled Wednesday that California can regulate greenhouse gas emissions from vehicles.  . . .

Automakers sued the state over the tailpipe standards it approved in 2004, which would force automakers to build cars and light trucks that produce about 30 percent fewer greenhouse gases by 2016.

However, the state still needs a waiver from the U.S. Environmental Protection Agency to begin implementing the program. The EPA has not yet issued a decision, leading California and 14 other states to sue the agency in November seeking quicker action.  . . .

In its lawsuit against the state, the Association of International Automobile Manufacturers argued that it was the federal government's responsibility to establish one uniform fuel economy standard. Without one, manufacturers would be forced to produce vehicles using too many different efficiency standards, raising the cost of cars and eliminating some model choices.

But Ishii rejected that claim, saying Congress gave California and the EPA the authority to regulate vehicle emissions, even if those rules are more strict than those imposed by the federal government.

This is a really big decision, I agree with the ruling, it will speed up the adoption of greater standards by all state, and might even cause the U.S. congress to take some tougher action.  These standards will speed the adoption of plug-in hybrids and all electric vehicles.

Comments

[Al Fin]

Judge Ishii ruled correctly. Even if a state sets policies that are disastrous for its economy and its citizens, legally it has the right to set those policies. The consequences will play out accordingly.

[Mark]

I suspect this is the first step in the test of its legality. I wouldn't be surprised to see it appealed. I suspect car dealerships in Las Vegas, NV might see an uptick in business when the cost disparity becomes high enough.

[D. Andre]

This is a major step in serious emission reduction. Let's hope other states follow suit.

[Cervus]

The way oil prices and the supply picture is going, it's not going to matter anyway.

[Paul H.]

After watching CARB fold under the pressure of the auto industry with respect to the zero emmisions vehicle mandate, this makes me really happy way down deep inside. Don't get me wrong, with those 500 hydrogen fueling stations that were just installed in Olympia, WA (my hometown) last week, we are well on our way to a hydrogen economy, just as CARB had hoped. hahaha! Nah, I'm just kidding about the fueling stations. But I do have over $50 in the bank. I'm saving for one of those $1,000,000 hydrogen fuel cell cars. That's going to be awesome.

[Paul H.]

As a side note, the EPA is not going to issue a waver to implement the program until certain political things happen that shall remain nameless. They have to do with something that rhymes with gorge shush. Let's just say that if a certain person who's religious conviction rhymes with "bormon" becomes the president of a certain country that shall remain nameless, then California could have a really long wait. But that's only if we become the Church of Liquid Coal of Latter Day GlobalWarming.

[Doug]

I agree with the ruling, but am more sympathetic to the automakers. It's hard to make fuel-efficient vehicles of any design. The politics behind the CAFE standard presumes that the automakers already have this technology and is only choosing not to release it. That's not the case. They have some interesting things, but they can't make a safe, affordable car from them. They're just science projects.

[Clee]

According to page 8 and 9 of
http://www.theicct.org/documents/ICCT_GlobalStandards_20071.pdf

For new passenger vehicles in Japan, actual average fuel economy is already above 35 mpg, and actual CO2e emissions is already 30% less grams/mile than new cars in the US. These are not just science projects. The EU is doing it too.

[Paul H.]

The EPA has officially refused to allow the tougher standards (I heard it last night on NPR). The states are going to sue the EPA. Doesn't that seem a bit backward? Environmental Protection Agency? What?!

[Bob Wallace]

"Environmental Protection Agency? What?!"

Clean Air Act

Healthy Forest Act

Department of Justice

Ever read "1984"?

Ever wish we had an president that lied only about BJs?

[Kit P]

Having read the Healthy Forest Act I can say it is one of the environmental achievements of the Bush administration.

[Nucbuddy]

Clee wrote: For new passenger vehicles in Japan, actual average fuel economy is already above 35 mpg

Japan:

• Uses the imperial gallon.
  
• Allows high smog emissions.
  
• Has poor safety standards.
  
• Allows a special class of micro cars called "Kei" cars.
  
• Has more-expensive fuel.
  
• Has a lower per-capita GDP.
  
• Has a population of physically smaller and lighter persons.
  
• Offers smaller engines for equivalent car models.

There is little economic incentive for Americans to choose high-efficiency vehicles. If gasoline in America were $20/gallon, Americans might choose to drive dangerous, high-smog-pollution vehicles just like the Japanese presently do.

[Clee]

Japan may use the imperial gallon, but in the study, the results are normalized to standard units and adjustments were made for the different tests that different countries use. We're talking 35 mpg normalized to the US CAFE test, not the new 2008 EPA test.

More expensive fuel, smaller engines, lower per-capita GDP and average passenger size doesn't mean that Japan doesn't have the technology to make affordable fuel efficient cars. To the contrary.

I will agree that it means Americans aren't as willing to buy such cars and would rather buy bigger, more powerful cars with the more money they have. Maybe I feel sorry for the car companies for having to deal with American preferences, but I have no pity for them when they say the technology doesn't exist.

I did notice that the report said Canada is having a much easier time meeting our CAFE standards than we are. I don't know if Canadians tend to be smaller than Americans or not.

I don't think micro-cars are banned from the US, so I don't see why a special political classification of Kei cars has anything to do with having the technology to build safe, affordable, efficient cars, unless Kei cars have a lesser safety standard than regular cars in Japan.

I'll take you word for it about the high smog emissions and poorer safety standards in Japan. I suspect some people blame the tough US smog emissions and safety standards for raising the price of cars in the US. Strangely enough, from watching the BBC's Top Gear, I get the impression that US cars are cheap in comparison to cars in Europe.

Europe also meets the 35mpg average, but then they use diesel more, which seems a bit like cheating, since diesel has more energy per gallon. Maybe we'll finally see more diesels in the US.

[Cyril R.]

And diesel engines are more efficient as well. If people can get past the diesel stereotypes and actually look at the latest diesel technology available, more diesel vehicles will no doubt be a trend.

Brazil is actually strongly discouraging diesel passenger cars because of their domestic ethanol market. Could also happen in the US if the ethanol market becomes really big and if there's not enough domestic biodiesel/green diesel produced.

[averagejoe]

"Ever wish we had an president that lied only about BJs?"

Actually, Slick Willie lied about a lot of things. Remember the Lippo group scandal? For those who don't remember, Slick Willie locked up a bunch of desertland in Utah as a state park. Even at that time, it was known that huge deposits of low sulfur coal existed there. By a strange coincidence, a major contributer to his campaign, the Lippo group, had commercial interests in exploiting a huge deposit of low sulfur coal in Indonesia. Is it just a coincidence that Slick Willie signed an executive order making the Utah coal deposit unavailable?

I guess everyone lived happily ever after. Slick Willie got reelected. The treehuggers were happy that several billion tons of that evil coal stayed underground. And last, but not least, the Lippo group managed to squash it's American competition. All made possible courtesy of Slick Willie.

[Bob Wallace]

Sort of forgot about that Lippo group thing.

Remind me, how many hundreds of thousands of people died because of that lie?

How many trillions of dollars did the taxpayers loose in that deal?

How badly was your childern's and grandchildren's future damaged?

How much of Karl Rove's Kool-aid have you drunk?

[averagejoe]

Bob, I think you misunderstood the intent of my post. While I am obviously not a fan of Slick Willie, I don't approve of the current administration's performance either. Both parties have been scr*wing us over for too long. My only point was that it would be a mistake to wax nostalgic for the days of Slick Willie's regime. When it comes to endangering our children's future, Slick did a pretty good job of that when he approved the sale of advanced missile technology to the CHIcoms. Or have you also forgotten about Slick Willie waiving export restrictions so that the Loral corp. could sell missile technology to the Chinese, despite the objections of the Justice Dept. ?

[Kit P]

When Bill Clinton was president, I was earning a living developing renewable energy projects that also protected the environment. With friends like Bill Clinton who needs enemies. Among the first things that Bush did included:

1.Provide a national energy policy
2.Sign the Healthy Forest Act
3.Make a decision on the Kyoto treaty - rejecting it
4.Make a decision on Yucca Mountain - move forward

1.I had an educated opinion on the course of action the US should take long before I ever has a chance to vote for Bush. While Bill Clinton is very critical of the decisions that Bush had to make because Clinton did not make them I think Bush has made the correct decisions.

[auto lease broker los angeles]

Amazing, I am elated that he did this!

[Air Purifier]

So glad the judge made this call! The system isn't totally corrupt!

[parking sensors]

I hope other states and judges follow this example in similar cases!

[beverage marketing]

Wow, this is a huge win, for everyone