Automakers Challenge CA CO2 Regulation in Court
7 December 2004
As expected, the Alliance of Automobile Manufacturers has joined a group of automobile dealers in California’s Central Valley to file suit against California’s new regulation of CO2 emissions. Automakers and dealers filed their challenge in the U.S. District Court in Fresno, California.
The core of their argument is that the new law regulates fuel economy, not CO2 emissions. It goes like this:
CO2 emissions and fuel economy are synonymous.
Federal law grants sole authority to the National Highway Traffic Safety Administration (NHTSA) to set a uniform, national fuel economy standard.
California does not have the right to regulate fuel economy—and so it does not have the right to regulate CO2 emissions.
Regulators need to follow the law.
Hmm, I wonder if they will try to sue Canada. (Earlier post.)
What a waste of money and human energy. Much better to unleash the engineers and some creative product marketers to deliver the solutions that could meet the standards than to resort to hackneyed legal tactics.
The Union of Concerned Scientists has a response to the lawsuit here. UCS also happened today to release its biennial ranking of automakers’s environmental performance. The landing page for the report is here. UCS named Honda the “Greenest Automaker.”
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