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In the News

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Wednesday, December 08 2004 5:02pm EST
by Paul Rogers and Matt Nauman, Mercury News
Auto Association Sues CA Over CO2 Regs
A coalition of automakers on Tuesday sued California, attempting to block the state's first-in-the-nation rules that would reduce global warming emissions from cars, trucks and SUVs.


At stake are billions of dollars, future sticker prices of passenger vehicles and whether the world's auto industry will be forced to more aggressively address the global warming that most scientists agree is under way.


The Alliance of Automobile Manufacturers, based in Washington, D.C., filed the lawsuit in federal court in Fresno, joining a group of 13 Central Valley car dealers suing the California Air Resources Board. The suit argues that, in forcing automakers to reduce so-called ``greenhouse gases'' like carbon dioxide from the burning of gasoline beginning in 2009, the state has illegally set gas mileage standards, something only the federal government can do.


``Federal law is designed to ensure a consistent fuel economy program across the country,'' said Fred Webber, president and CEO of the alliance.


The alliance consists of BMW, DaimlerChrysler, Ford, General Motors, Mazda, Mitsubishi, Porsche, Toyota and Volkswagen.


The only way to cut carbon dioxide emissions is to burn less gasoline. But the Schwarzenegger administration and environmentalists argue that carbon dioxide and similar greenhouse gases are air pollutants like smog that California can regulate under the Clean Air Act. Hot temperatures exacerbate other kinds of air pollution, they note, and can cause health problems.


``We see this strictly as an emissions rule,'' said Jerry Martin, a spokesman for the California Air Resources Board in Sacramento. ``Our charge is to protect the California public from the threat of air pollution.''


Environmentalists were more blunt.


``We're disappointed that the auto companies have decided to litigate, not innovate,'' said David Doniger, a senior attorney with the Natural Resources Defense Council. ``They should be locking up their lawyers and turning loose their engineers.''


Carbon dioxide from the burning of fossil fuels in vehicles accounts for 40 percent of California's greenhouse emissions. The gas traps heat in the atmosphere.


California's policy began in 2002, when former Gov. Gray Davis signed a law requiring the air board to reduce vehicle greenhouse gas emissions starting in 2009.


In September, the air board unanimously approved the rules, which require a 30 percent reduction in greenhouse gases by 2016.


Schwarzenegger, who did not issue a statement Tuesday, has said he will defend the rule in court.


The air board has issued reports suggesting myriad ways for automakers to trim greenhouse-gas emissions: building more hybrid vehicles, designing efficient gasoline engines and transmissions; making air conditioners that don't leak; or designing tires with less rolling resistance.


Many of these technologies are available on 2005 model cars and trucks, automakers say, but mandating their use across the board would cost Californians an average of $3,000 per vehicle. The air board estimates the cost at about $1,000.


``It's a huge dollar issue to consumers,'' said Gloria Bergquist, spokeswoman for the alliance. ``Consumers will be paying more.''


Environmentalists argue motorists will save money on fuel costs, and that automakers have fought health and environmental measures for 40 years, from seat belts to catalytic converters.


The lawsuit will be closely watched around the nation.


California is the nation's largest auto market, accounting for 12 percent of passenger vehicle sales. Meanwhile, New York, New Jersey, Connecticut, Massachusetts, Maine, Vermont and Rhode Island have adopted or are in the process of adopting California's emission regulations.


Unclear Tuesday was whether the Bush administration would take sides. The administration has said carbon dioxide is not an air pollutant it can regulate under the Clean Air Act. A coalition of environmental groups and 13 states are challenging that decision in court. If they win, it would make it easier for California's rule to go forward.


Last year was the world's second-hottest since 1880, when measurements were first taken, according to the National Climatic Data Center in Asheville, N.C. The 10 hottest years were all since 1990.


Both environmentalists and automakers said they are confident their side will prevail in the lawsuit. Environmentalists cited a section of the federal Clean Air Act that defines air pollutants as ``any physical or chemical'' substance emitted into the air that endangers public health or welfare. The law specifically defines ``welfare'' to include weather and climate.


The auto industry counters that when Congress passed the act in 1970 it never intended for carbon dioxide to be regulated.


Also Tuesday, Honda was the carmaker with the lowest emissions of smog and greenhouse gases in a report from the Union of Concerned Scientists. General Motors, maker of the Hummer, finished last.


http://www.mercurynews.com/mld/mercurynews/news/politics/10365922.htm?1c

 

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