Judge Says Auto Makers Can't Block Emissions Rules

Associated Press

PROVIDENCE, R.I. -- Auto makers cannot sue to block Rhode Island from enforcing tighter standards on tailpipe emissions first adopted by California because the industry has already lost similar lawsuits elsewhere, a federal judge has ruled.
U.S. District Court Judge Ernest Torres dismissed General Motors, Chrysler and two auto makers associations from the case, but his ruling permits several local car dealers to pursue the lawsuit for now. The automobile manufacturers have lost similar lawsuits in California and Vermont.
In his ruling, Mr. Torres said allowing another lawsuit could prove a waste of court resources.
"It is difficult to see what interest the public has in permitting the plaintiffs another bite of the apple in challenging regulations limiting the emission of greenhouse gases into the atmosphere,'' Judge Torres said in the ruling, which was signed Monday and made public Tuesday.
Although Judge Torres allowed the auto dealers to continue with the lawsuit, the judge said lawyers for the state could still make arguments to have the firms dismissed from the case.
Similar lawsuits are pending in New Mexico and two federal appeals courts. W. Michael Sullivan, director of Rhode Island's Department of Environmental Management, said the decision was a victory for the state. He said auto makers could use existing technology to meet the clean air standards.
Rhode Island and 11 other states -- Connecticut, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Vermont and Washington -- have adopted California's tailpipe standards. The governors of Arizona, Colorado, Florida and Utah have said they plan to adopt the regulations. The rules have been under review elsewhere.
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