Posted on 09/25/2006 7:05:33 PM PDT by SmithL
Automakers can continue their lawsuit seeking to block strict vehicle emission standards adopted two years ago by California regulators, a federal judge said in a ruling filed Monday.
U.S. District Judge Anthony Ishii sided preliminarily with a coalition of automakers on their three major arguments against the state law, which was passed in 2002 and adopted two years later by the state air board. He threw out two lesser arguments, but ruled the suit should go to trial Jan. 30.
The tailpipe standards adopted by the California Air Resources Board were designed to cut greenhouse gas emissions from cars and light trucks by 25 percent and from sport utility vehicles by 18 percent starting in 2009. Ten other states have since adopted the California standard.
The automobile industry sued in U.S. District Court in Fresno, arguing that the state law amounts to an attempt to set new fuel-economy standards, something it says can be done only by the federal government.
The judge ruled that automakers can continue with their argument that allowing states to set their own emission standards would violate two federal laws that reserve that power to the federal government. Ishii also allowed an argument by the automakers that California's regulations would undermine the federal government's ability to conduct a uniform foreign policy.
The judge prohibited automakers from arguing that the California law would impede interstate commerce or business competition.
"We're disappointed because it's going to cost taxpayers a lot of money to defend California laws. But we're prepared to do that because it's a really important law, worth fighting for," said Teresa Schilling, a spokeswoman for state Attorney General Bill Lockyer.
(Excerpt) Read more at sfgate.com ...
What's taxpayer money, they have an agenda.
This lawsuit was on emissions standards. Just wait until the automakers go after the latest crap from CA blaming them for global warming.
District Court Judge Anthony W. Ishii
"U. S. District Court, Eastern District of California
Nominated by William J. Clinton on February 12, 1997, to a seat vacated by Robert E. Coyle
Confirmed by the Senate on October 9, 1997, and received commission on October 14, 1997."
Gee, who would have thunk it?
In our system, an "argument" is not what you think or say, but that which a judge allows.
China.
Wouldn't it be easier to ban all cars from California? That won't cost us anything.
To ALL California Freepers
Please DON"T EXPORT THIS CRAP East
As a Texan "I Hate almost anything from California", 99.9% of the time I don't even have to think about it.
This is the .10 I thought about, you folks need to destroy it. Do not let that crap seep East.
TT
in what way is,
the fuel economy standard,
only federal?
does federal law write that?
I wonder if Judge Anthony Ishii is related to the honorable moron Judge Ito? (the judge whose incompetency assured that O. J.Simpson woukd walk)
This means that Fornicalia is going to pee lots of its taxpayers' money down the drain to lawyers and still lose.
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