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Federal Court Rules That Automakers To Get No Extra Time if California CO2 Regulations Implemented
25 June 2008
The US District Court for the Eastern District of California ruled that automakers should not be given extra time to comply with a California law regulating greenhouse gas emissions should the US EPA grant the state the required waiver.
The ruling is the latest in a series of legal setbacks for the auto industry’s attempts to invalidate the California law that will come into effect if and when the EPA issues a waiver.
In short, the car companies argued that they will need a lot of lead time if and when California receives its EPA waiver in order to come into compliance with the new emissions rules and thus California should be enjoined from enforcing its law for a period of time even after EPA grants a waiver. The court has basically said to the companies that it was your decision to assume that the Pavley law would never come into effect either by an EPA waiver denial or a victory in the lawsuit and if your risk did not pay off, that is your risk.
—Matt Pawa, attorney representing Natural Resources Defense Council, Sierra Club and Environmental Defense
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June 25, 2008 in Brief | Permalink | Comments (14) | TrackBack (0)
Comments
Posted by: Cervus | June 25, 2008 at 11:14 AM
It does matter, just in case the gaz price goes down again like in 1986, who knows it they go for coal to liquid , biofuel amd new capacity of oil, the gaz price can goes down again, I agree that it is very unlikely but there is still tons of people who are ready to keep driving gaz guzzler what ever the gas price will be. So it is important to have an emission floor.
Posted by: Treehugger | June 25, 2008 at 11:39 AM
Oil prices will never go down, because the alternatives sources require high prices.
Posted by: | June 25, 2008 at 11:54 AM
The auto companies involved in the lawsuit deserve to return to the dust they were made from. They have polluted the earth for 100 years and refuse to reduce the pollution . It's totally unbelievable.
Posted by: Rich | June 25, 2008 at 02:37 PM
It's always easier to blame the maker of the good instead of the consumer, isn't it Rich? Look in a mirror.
Posted by: Cervus | June 25, 2008 at 02:44 PM
They have a simple way to comply. They will simply only ship compliant cars to cal.. and all the rest to just over the border in mexico or nevada, Most of the cal dealerships will go under anyway and realy it is the cheapest way to handle it.
Posted by: wintermane | June 25, 2008 at 03:10 PM
I have to agree with the decision.
Exactly why should a federal court choose when a CA law becomes effective? Or even be considering the matter?
I prefer a single federal standard. But the law is clear.
We have let CA, and states choosing the CA standards, to differ from the federal standards. The place to address that is in Congress.
Posted by: K | June 25, 2008 at 04:13 PM
Cervus...Sure the consumer is to blame. But so are the auto makers. Dollars come in quicker selling big things. Even with all the evidence that big put lots more carbon dioxide in the air & lots more particles & chemicals in lungs, hearts, brains & arteries, auto makers live up to their name, even as they kill more people & change our planet before our eyes. Did the mirror break & accidently show your face.
Posted by: litesong | June 25, 2008 at 05:42 PM
Litesong:
Modern life has increased health risks in some areas, decreased it in others. Since 1960 we have made vast progress is cleaning up the air and water. But the fact is that we cannot eliminate the risks completely. Spending ever-greater money to reduce marginal risks by ever-smaller amounts is simply not possible.
The whole reason why the domestic automakers have depended on trucks and SUVs is directly related to legacy pension and health care costs negotiated by the UAW. That not only impacts R&D funds, but on the profitability of smaller, more efficient vehicles. Now, add in raw materials. Steel prices have lately doubled again, and DOW Chemical announced a 25% increase in prices on top of a 20% increase just last month.
The way things are going, all three are racing to bankruptcy anyway.
Posted by: Cervus | June 25, 2008 at 06:26 PM
Cervus, the UAW contracts weren't the whole reason for the truck centric decisions of the execs. While the unions do deserve their share of the blame, they certainly didn't force the continued reliance on trucks in the face of continually rising fuel prices.
Posted by: Andy | June 25, 2008 at 09:09 PM
Wake up Cervus.
The auto makers are totally at fault and they deserve to return to the dust (or clay, or biomass) they were made from. The consumer is blameless. The best way to view this is to realize how the earth should be used and strip mined and returned to the dust from which it was made. For providing abundant oil and coal it does not deserve protection. The miner and oil tycoon and driver and passenger and commuter are not responsible for wanting and creating the market for oil and coal and natural gas. Even with all the evidence that coal and oil and autos put lots more carbon dioxide in the air & lots more particles & chemicals in lungs, hearts, brains & arteries, the earth continues to force more oil and coal and Natural gas and methane (OK blame the cows too). Yes auto buyers buy large vehicles, even as they kill more people & change our planet before our eyes. But they are not to blame - it is the earth (and the cows).
Posted by: ToppaTom | June 25, 2008 at 09:52 PM
I would say it is quite fair enough to blame those members of the public that voted for politicians that did not support tighter fuel economy standards or who support the current susceptibility of the political process to industry paid lobbyists. It takes an exceptional company to decide to be better for the environment at the expense of some profit. It is weak regulation and those that supported this weak regulation that are primarily at fault here.
In short it is SOME members of the public who are at fault. Many others are certainly not at fault, including those who don't own SUVs and have always argued and voted against them. Look to your short term thinking, climate change skeptic neighbor who thinks his SUV is a GOD given right. The US is full of these people.
Posted by: | June 26, 2008 at 12:10 AM
Then again, you could always ask why there are more of these types of people in the US than anywhere else. Any ideas? Certainly there is a strong culture here of anti-regulation. Perhaps this is because outside the cities the population density is not so high as in Europe for instance. When most of the time your actions don't impinge on anyone besides yourself its hard to accept regulation from government. In Europe because of population density it is a different situation. Also, I guess there are historical military-related reasons as well.
Posted by: | June 26, 2008 at 12:34 AM
makes no difference - high fuel prices are here to stay and that is going to govern the market from here on out... above and beyond any regulation CA or the US may have... regardless of whether you ship the car to Nevada or Mexico, high fuel prices are everywhere... automakers need to stop making trucks (there are enough people trying to get rid of used trucks to take care of people who really need them) and put full effort to small *and* fuel efficient vehicles... that's the only way to stay viable...
whenever I go to the gas station, I hear people complaining about the gas price... I look over the pump and there's often an SUV... that the person is going to get rid of in favor of a smaller vehicle... sure, many in the US may have thought it was their god given right to drive an SUV, but economics trumps all.
Posted by: | June 26, 2008 at 06:06 AM
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Doesn't really matter. Gas at $4, $5, $6 is right around the corner. The market is already changing so fast that even Toyota's having trouble.