California Sues Auto Industry Over Global Warming

24 September 2006 - 4:00am

With the State of California recently moving to seek damages from car makers, could auto manufacturers be the new tobacco industry -- ripe for litigation due to the global warming emissions from the vehicles they produce?

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On Sept. 15, a California assistant attorney general asked a federal district court judge in Fresno to dismiss a law suit by the auto industry on its new global warming law. Now California has taken the offensive - suing the six largest automakers using the "public nuisance" approach because of the harm that will befall the state due to climate change.

"Global warming is causing significant harm to California’s environment, economy, agriculture and public health," said the state’s attorney general, Bill Lockyer.

"Vehicle emissions are the single most rapidly growing source of the carbon emissions contributing to global warming, yet the federal government and automakers have refused to act."

"Mr. Lockyer contends that the products of the six companies are responsible for a fifth of the carbon dioxide emissions nationwide and nearly a third of the emissions in California, which has more vehicles than any other state.

He said he would seek at least "tens of millions" in damages for past, current and future contributions to air pollution, beach erosion and reduced water supplies."

The Alliance of Automobile Manufacturers "labeled the accusations a 'nuisance suit' similar to an unsuccessful attempt by several Northeastern states to hold utilities liable for environmental damages."

"This fall the U.S. Supreme Court is set to hear arguments in Massachusetts v. Environmental Protection Agency which addresses whether the federal government must regulate carbon dioxide as a pollutant."

Source: The New York Times, September 21, 2006

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contributory negligence

Let me get this right ... state and local governments create roads that turn countryside into suburbs, follow zoning and street design rules that make those suburbs into places where you have to drive everywhere, and then they blame the carmakers for the ill effects of car emissions?

It seems to me that the plaintiff here (state government) is more to blame than the carmakers. Maybe the politicians should sue themselves, or sue the road-building lobby that (pun intended) fuels their policies.