Judge Tosses Calif. Global Warming Lawsuit
Lawsuit Sought Damages Against Automakers For Global Warming Costs
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(AP / CBS)
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Photo Essay Global Warning Stars turn out for the California premiere of Al Gore's global warming documentary.
In its lawsuit filed last year, California blamed the auto industry for millions of dollars it expects to spend on repairing damage from global-warming induced floods and other natural disasters.
But District Judge Martin Jenkins in San Francisco handed California Attorney General Jerry Brown's environmental crusade a stinging rebuke when he ruled that it impossible to determine to what extent automakers are responsible for global-warming damages in California. Many culprits, including other industries and even natural sources, are responsible for emitting carbon dioxide.
"The court is left without guidance in determining what is an unreasonable contribution to the sum of carbon dioxide in the earth's atmosphere, or in determining who should bear the costs associated with global climate change that admittedly result from multiple sources around the globe," Jenkins write.
The judge also ruled that keeping the lawsuit alive would threaten the country's foreign policy position.
The Bush administration has consistently opposed any international treaty - including the 1997 Kyoto Protocol - that would impose cuts on greenhouse gases.
"President George W. Bush opposes the protocol because it exempts developing nations who are major emitters, fails to address two major pollutants, and would have a negative economic impact on the United States," Jenkins wrote in his 24-page decision. To rule in favor of California would undermine the administration's position, Jenkins said.
Jenkins said it's up to lawmakers, rather than judges, to determine how responsible automakers are for global warming problems.
Jenkins ruled that a court "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."
Ted Boutrous, who represented the automakers, said that the global warming issue "is very complicated and this court said it's best left to national lawmakers to determine policy. We are pleased with the ruling."
The state sued Chrysler Motor Corp., Ford Motor Co., General Motors Corp. and the U.S. subsidiaries of Japan's biggest manufacturers, Honda North America, Nissan North America and Toyota Motor North America.
Michigan's attorney general also filed court papers backing the automakers, making many of the same arguments that Jenkins ultimately adopted on Friday.
Michigan said its economy would be severely crippled if automakers were forced to pay damages to California for contributing to global warming. Michigan said such policy decisions should be left for federal lawmakers.
The lawsuit was originally filed by former California Attorney General Bill Lockyer, who was elected state treasurer in November 2006. Brown took over the lawsuit after his election as attorney general and he has made fighting global warming a priority.
Brown has successfully sued San Bernardino County to add a carbon emissions reduction scheme in its revised general plan. Last week, he wrested a $10 million agreement from oil giant ConocoPhillips Co. to reduce or offset its carbon output. Brown also has sent threatening letters to about a dozen state agencies demanding they take climate change into account when making development plans.
"We need to study this closely," said Deputy Attorney General Ken Alex, who argued the state's case. "We will give serious consideration to an appeal."
Many scientists blame the buildup of carbon dioxide and other industrial gases for heating the atmosphere like a greenhouse.
While carbon dioxide is a naturally occurring gas, amounts of it have been increasing sharply since the beginning of the industrial age. It is produced by fossil fuels burned in manufacturing plants, motor vehicles and power plants.
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See all 22 CommentsSecond, the EPA requires carmakers to change CO, NOx, and Hydrocarbon emissions into Water vapor and CO2 BY MANDATE. How do you sue for doing what you must do to comply with federal laws?
Third and most importantly, water vapor is a more important factor in global warming than CO2.
Forth, the CO2 highs in the climate record FOLLOW global warming. They do NOT preceed warming as some "scientists" (read doctors and other non-climate professionals) would have you believe.
glossy honey, can you ''splain that to me please?
...
You cannot sue just one group when there are thousands more causing the same problem.
The primary cause was identified as the CFC gasses often used in spray cans.
National leaders came together and agreed on the Montreal Protocol to reduce CFC emissions, and alternative technologies were put into place by market participants.
Now the ozone hole is closing. See noaa.gov and below.
A key message is that we can significantly blunt anticipated global warming with relatively little change in overall lifestyle, if new technologies are adopted and reasonable (mostly industrial) conservation methods are implemented.
NOAA: "The Montreal Protocol, along with its subsequent amendments, is considered by many to be the most successful multilateral environmental agreement to date. Since being enacted in 1987, it has resulted in a significant reduction in global emissions of ozone depleting substances and there are signs that ozone depletion is slowly recovering."
Climate does have natural long term fluctuations, and, yes, even Mars has been warming a bit recently. Perhaps due to natural long term emission cycles of the sun? Even so, there are significant indications of greenhouse gas related warming.
We will know a lot more in 10-20 years.
But, easy and effective to start implementing some solutions now...
Now he is Don Quixote tilting at windmills.
I don''t know how little you know about global warming, but clearly, if you blame the car companies, you don''t know much.
The biggest polluter in the world are coal burning power plants, followed closely by Natural Gas power plants. We, as a population have a choice of cars we want to purchase. The car companies build what people want. If more people wanted small economic hybrids, that''s what the car companies would build. Not just one or two, but EVERY CAR MODEL.
This is a bull ****** frivolous lawsuit, paid for by us, to make Attorney General Moon Beam (Jerry Brown) look like he''s doing something. All he is doing is WAISTING OUR TAX DOLLARS!
Perhaps, a lawsuit would be better placed on the people/groups who block attempts to build far more cleaner nuclear power plants to replace the dirty coal power plants. But no, common sense is RARELY found in a fascist-like environmental "activist".
Alas, we come back to the basic principal of PERSONAL RESPONSIBILITY. If people want a better environment, people need to make choices to achieve that better and more sustainable environment. Our purchasing choices have more power than ANY lawsuit, ANY government agency/bureaucracy, and any politician!
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