Subscribe to daily environment news





 

Click for news Click for pictures
National Tree Day

Planet Ark Home


Calif. Suit on Car Greenhouse Gases Dismissed
Mail this story to a friend | Printer friendly version

US: September 19, 2007


SAN FRANCISCO - A US federal judge tossed out a lawsuit by California's attorney general on Monday seeking hundreds of millions of dollars from six automakers for damaging the state with climate-changing greenhouse gases.


Martin Jenkins, a federal judge in the Northern District of California, said the issue of global warming should be decided in the political rather than legal arena.

"The Court finds that injecting itself into the global warming thicket at this juncture would require an initial policy determination of the type reserved for the political branches of government," Jenkins wrote in approving the automakers' motion to dismiss the case.

The suit, filed in September, targeted General Motors Corp, Ford Motor Co, Toyota Motor Corp, the US arm of Germany's DaimlerChrysler AG and the North American units of Japan's Honda Motor Co and Nissan Motor Co Ltd.

"The Court is left to make an initial decision as to what is unreasonable in the context of carbon dioxide emissions," Jenkins wrote. "Such an exercise would require the Court to create a quotient or standard in order to quantify any potential damages that flow from Defendants' alleged act of contributing 30 percent of California's carbon dioxide emissions.

"The balancing of those competing interests is the type of initial policy determination to be made by the political branches, and not this Court."

The suit was the first seeking to hold manufacturers liable for global warming damages caused by greenhouse emissions. It said cars made by the six automakers account for more than 30 percent of human-generated carbon dioxide emissions in California, the most populous US state.

"We understand why a district federal judge may not want to jump into a global warming thicket with both feet," Ken Alex, California's supervising deputy attorney general, said in an interview. "Having said that, the basic tenet of law is that where you describe a harm then there needs to be a remedy for it."

"Right now because the political branches -- the federal government, Congress and the executive branch -- have not acted, the state of California is left without a remedy."

Alex said his office would consider whether to appeal the case to the 9th US Circuit Court of Appeals, saying judges frequently decided reasonable standards in cases such as dumping of pollution into rivers.

According to the suit, California spends millions of dollars to deal with a reduced snow pack, beach erosion, ozone pollution and the impact on endangered animals and fish.

California has also targeted the auto industry with first-in-the-nation rules adopted in 2004 requiring automakers to reduce emissions from cars and light trucks.


Story by Adam Tanner


REUTERS NEWS SERVICE



© 2008 Reuters Limited. All rights reserved. Republication or redistribution of Reuters content, including by framing or similar means, is expressly prohibited without the prior written consent of Reuters.
top

 
19 SEP 2007
ENVIRONMENT
NEWS

BELGIUM:
EU Plans Climate Change Pact With Poor Countries

BRAZIL:
Brazil Ethanol Sector Fears 'Delirious' Growth

CANADA:
Western Canadian Pine Beetle Infestation Spreads

CHINA:
Powerful Typhoon Targets Eastern China, Shanghai

GHANA:
African Skies Rain Death, Destruction on Villagers

INTERNATIONAL:
Ban Urges Strong Message from UN Climate Summit

NORWAY:
Arctic Summer Ice Thickness Halves to 1 Metre

NORWAY:
Nobel Peace Prize Could Go to Climate Campaigner

NORWAY:
Statoil to Start Arctic LNG Production This Week

RUSSIA:
Receding Permafrost is a Bone-Hunters' Bounty

UK:
Cost, Safety Fears Threaten Climate Change Remedy

US:
Calif. Suit on Car Greenhouse Gases Dismissed

US/FRANCE:
US, Euro Wheat Up as Drought Ravages Aussie Crop



previous day
today's news
next day


This site developed by Frontline, and managed by Planet Ark using RPM-NT.

Site designed by Jon Dee @ Planet Ark.

Radiant