Green News - Federal Judge Dismisses Automaker Suit

[lawrocket 3]

California passed a law that strngthened emissions standards in the state. Car manufacturers challenged the law. In the interim, the SCOTUS decided Massachusetts v. E.P.A, discussed here: http://www.dropzone.com/cgi-bin/forum/gforum.cgi?post=2741004#2741004

Then, a federal court in Vermont ruled against the car manufacturers in a lawsuit challenging a Vermont law.

Two days ago, Judge Ishii granted summary judgment to the State of California. IN his opinion, California's regulations were not preempted by the federal standards.

"The court declares that, should California’s AB 1493 Regulations be granted waiver of preemption by EPA pursuant to section 209 of the Clean Air Act, enforcement of those regulations by California or by any other state adopting the AB 1493 Regulations pursuant to section 177 of the Clean Air Act shall not be prevented by the doctrine of conflict preemption or by express preemption under the terms of 48
U.S.C. § 32919."

This seems to me as somethign that can be read two ways: 1) as a victory for environmental policy; and 2) as a victory for federalism. See, when the federal government has refused to act, the States can try to do it.

Now, it doesn't mean that the California law can take effect. Rather, it means that the route is clear for the EPA to allow California to make its own standards IF the EPA grants a waiver.

We'll see where that goes.

Link to opinion: http://ag.ca.gov/cms_attachments/press/pdfs/n1509_656_order_12-12-07.pdf

My wife is hotter than your wife.

[wmw999 2,603]

I really like hearing your viewpoint on legal issues like this; it pretty much always give me insights that wouldn't have occurred to me (e.g. the federalism thing).

Edited to add: Note -- that doesn't mean I'm going to agree with you all the time

Wendy W.

There is nothing more dangerous than breaking a basic safety rule and getting away with it. It removes fear of the consequences and builds false confidence. (tbrown)

[Andrewwhyte 1]

The province of Quebec announced yesterday that they will match California's standards if they get the EPA go ahead in order to help create a block. I expect British Columbia will quickly follow suit.

[lawrocket 3]

Quote

Now, it doesn't mean that the California law can take effect. Rather, it means that the route is clear for the EPA to allow California to make its own standards IF the EPA grants a waiver

Update for the two of you who responded.

The EPA denied the waiver, and actually on the basis of the new CAFE standards in the energy bill.

My wife is hotter than your wife.