Beam me to Planet Gore !
Posted on 07/26/2008 10:12:09 AM PDT by NormsRevenge
SAN FRANCISCO -- California's effort to limit vehicle emissions of gases that contribute to global warming hit a snag Friday when a federal appeals court ruled that the state and environmental groups acted too early when they sued the Bush administration in January for blocking the law.
The Ninth U.S. Circuit Court of Appeals in San Francisco dismissed a lawsuit filed by California, 15 other states and five environmental groups over the Environmental Protection Agency's refusal to let the state enforce its limits on greenhouse gas fumes from new cars and trucks.
The court said the Jan. 2 suit was premature because the EPA, ... hadn't yet acted formally.
The agency eventually took that step March 6 ... That suit is still pending ... unaffected by Friday's order.
The dismissal slows action on the case, however, and virtually eliminates the possibility of a ruling before President Bush leaves office in January. It also shifts jurisdiction to an appeals court that ruled in 2005 that the EPA had no authority to regulate greenhouse gases under the federal Clean Air Act. The U.S. Supreme Court overturned that ruling in April 2007.
"This is merely a procedural setback, but it's dragged this litigation out longer," said Daniel Galpern, .. who represents Friends of the Earth, the Center for Biological Diversity and other environmental groups that joined California in both suits. "When you're dealing with climate change, attempts by California and other states to enforce their laws, delay is regrettable."
Ellen Peter, lawyer for the state Air Resources Board, said the court in the nation's capital might rule on the suit by mid-2009 unless the EPA changes course under a new president. She noted that both Democrat Barack Obama and Republican John McCain have said the agency should have let California enforce its law.
(Excerpt) Read more at sfgate.com ...
Resistance is futile, yaknow.
The
BorGreen
Never
Sleep.
Good news! Albeit temporary, but that’s better than the alternative.
The ninth circuit? This is the second logical ruling from them lately. Maybe hell is freezing over.
"Climate change" ;-)
Let's hope this one keeps going in the same direction.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.