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U.S. Court Backs States’ Measures to Cut Emissions

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The struggle between the Detroit automakers and the states over auto emissions of carbon dioxide and other heat trapping gas emissions. California adopted the first state law requiring auto manufacturers to reduce emissions of carbon dioxide in 2002 and in 2004 set standards for the emission reductions. Vermont, as well as Connecticut, New Jersey, New York and Pennsylvania adopted the same standards. Automakers sued toblock these standars in Vermont and California. While the California case is pending, Judge Sessions issued a ruling on the Vermont case this week against the auto manufacturers. This follows a decision by the US Supreme Court in April 2007 that the Environmental Protection Authority has the right to regulate heat trapping gases like carbon dioxide as air pollutants. This endorses the idea that states can set their own limits. What is needed for a state to do this is to get a waiver from the EPA, as the federal Clean Air Act has a provision that allows California to set ists own standards with a waiver from the EPA, and for other states to follow California's lead. A detailed opinion includes analysis by the Judge in this case stating why the Transportation Department's authority is limited to automobile fuel economy standards and does not carry over into auto emissions as pollutants of the atmosphere, the area of pollutants being reserved for the EPA and the individual states to work out together. Under California law as it is now emissions reductions for cars could be 30% or more below the current levels in the 2016 model year. By 2012 emissions are required to be below 2005 levels by 25% for cars and light trucks, SUV's and larger trucks 18%. Note that what is technologically feasible to accomplish in the area of auto emissions is an unknown. At the same time its a function of determination, R&D investment, collaboration between companies to pool technological and capital resources, development of engineering and manufacturing investment and knowhow to learn mass manufacture at low cost, introduction of the already feasible features quickly such as stop start engines which the Germans have already in the works for mass manufacture across product lines, and so forth. The first comer in these technologies enjoys an advantage as Honda constantly advertises itself, and the the only way to say what is technologically feasible or not is by pointing to these pioneers. In this case because of the stronger environmental movement in Europe especially in Germany, some of this pointing will be done in the direction of the German auto manufacturers progress in this direction to meet the new EU standards of 120 micrograms of CO2 per kilometre.


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