Car Emissions Rules Likely to Trigger Litigation

CO2By Jenna Greene

The Environmental Protection Agency and the Department of Transportation Thursday finalized the first-ever national greenhouse gas emission levels for cars and light trucks, a move that is likely to bring a gust of new lawsuits.

The main target may not be the rule itself, which came after painstaking negotiations with the auto industry, but what it portends.

“It will trigger other requirements under the Clean Air Act that other companies outside the auto industry don’t like,” said Columbia Law School professor Michael Gerrard, director of the school’s Center for Climate Change Law. “The Chamber of Commerce and other industry associations have been trying to fight this in every possible venue.”

The rules announced today establish increasingly strict fuel economy standards and greenhouse gas emission standards for 2012 to 2016 model year vehicles. By 2016, new cars and trucks will average 35.5 miles per gallon. Carbon dioxide emissions will be reduced by about 960 million metric tons over the lifetime of the vehicles regulated.

“The standards themselves are noncontroversial, and EPA has done a strong job building consensus with other states, the auto industry, and environmental groups on those standards. Thus, it is unlikely industry would seek to challenge those standards themselves,” said Roger Martella Jr., a partner in Sidley Austin‘s environmental practice group and former general counsel of the EPA, in an email. “The determining factor likely will be how EPA decides an upcoming rule, called the PSD tailoring rule, to mitigate the impacts on stationary sources.”

Stationary sources of air pollution include facilities like factories and power plants.

Read the rest of this story at

33 Responses to Car Emissions Rules Likely to Trigger Litigation

  1. Hal Groar April 2, 2010 at 9:50 pm #

    Did you just see that? It look like two large nostrils. Is that a camels hump over there? Here we go…stay seated in the car until the ride comes to a complete stop! It won’t be long now.

  2. paul wenum April 2, 2010 at 11:03 pm #

    It’s coming my friends. Cap N Trade is on it’s way. Get the Rino’s out in November.

  3. Rob N. Hood April 3, 2010 at 4:56 pm #

    The predatory class -especially as personified by Wall Street- cannot operate when the prey are organized to defend themselves. They have spent thirty years destroying the governmental-based organizing which kept the wolves in check, and done it so well that now Obama cannot make a move against them even if he really meant what he said during the campaign. They have gotten the people supporting their agenda through the exploitation of the Seven Deadlies, promoted through the incessant advertising of image over substance. Greed for more power, status, sex, possessions, “luxury”, etc., is an easy sell to Americans who have lost their humanity to mindless materialism.

    Welcome to the jungle, where survival of the fittest is the only law. You can be all that you can be only as long as you are better than the next guy. Just don’t expect to grow old, for you won’t have anyone to watch your back as your hearing fades.

  4. paul wenum April 3, 2010 at 11:03 pm #

    What did you just say? If you work hard you are a “predatory class.?” Man, Hugo loves you.

  5. Rob N. Hood April 5, 2010 at 11:27 am #

    Nope, sorry, I never said that. Why do Rightys like to make up crap?… just so they feel better about themselves??

  6. paul wenum April 5, 2010 at 10:04 pm #

    What pray tell are you talking about?

  7. Rob N. Hood April 6, 2010 at 11:42 am #

    Last week, Forbes magazine published what the top U.S. corporations paid in taxes this year. “Most egregious,” Forbes notes, is General Electric, which “generated $10.3 billion in pretax income, but ended up owing nothing to Uncle Sam. In fact, it recorded a tax benefit of $1.1 billion.” Big Oil giant Exxon Mobil, which last year reported a record $45.2 billion profit, paid the most taxes of any corporation, but none of it went to the IRS.

  8. Paul Wenum April 6, 2010 at 7:01 pm #

    Must have taken a hit from the upcoming Obama healthcare costs. Oh that’s right GE makes those wonderful $5.00 light bulbs that we are now forced to purchase. Take 100 million replacements bulbs at 89 cents versus $5.00 today. That’s a huge profit. Why does GE enjoy the upcoming Cap N Trade????!!! Duh!

  9. Rob N. Hood April 7, 2010 at 9:45 am #

    “Taxes,” wrote Judge Oliver Wendell Holmes, “are the price we pay for civilization” — the very civilization that is prerequisite to any and all personal wealth. Accordingly, it is not unjust to require the beneficiaries of civilization to share in the burden of its maintenance. However, there may be justifiable reasons to complain about the distribution of this burden.

    “Necessitous men are not free men,” FDR observed in 1936. The liberal realizes, as the libertarian does not, that if personal liberty is to be maximized in society, it is not enough merely to guarantee the life, liberty and property of each individual.

    The social contract of a just community also requires that if the citizens are to enjoy “the blessings of liberty,” the pre-conditions of liberty must be attended to: namely; public education, economic opportunity, equal opportunity, the protection of common resources (nature), and the promotion of civic institutions.

    • Dan McGrath April 7, 2010 at 10:33 pm #

      It’s true that taxes are needed to support a certain amount of government in order to protect our individial liberties. At some point, the scales tip, however and instead of protecting our liberties, a too-large government can crush them. We’re past that point. 60% now receive more in government subsidy than they pay in taxes, so the majority is now incented to continue increasing taxation to increase their own benefit, while a productive minority will continue to wither. We’re killing the golden goose. We’re on the precipice of universal poverty and despotism. Soon, only the ruling “political class” will enjoy any wealth or liberty unless we can radically change course immediately, and it may already be too late. Jefferson cautioned, “Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.”

      Here’s a question no liberal has ever been able to answer for me: How much of my income is enough? What’s the limit on fair taxation? 50%? 60%? 80%? There is no answer, because to a liberal, there is no limit. 100% would probably seem reasonable, if that’s what the state requires. To a liberal, the needs of state are more important than needs of the individual and no involuntary sacrifice is too much to demand.

      • Rob N. Hood April 8, 2010 at 7:03 am #

        Dan- the recent past of Republicans have increased taxes just as much if not more than any Dem. So what’s your point? Clinton was very fiscally conservative and did many “conservative” things such as Welfare Reform and leaving a sizable SURPLUS when leaving office. So I ask again, what is your point?

        • Dan April 8, 2010 at 11:15 am #

          What’s your point? Compared to Obama, Clinton was Reaganesque. How much is enough?

          • Rob N. Hood April 13, 2010 at 6:24 am #

            That’s not true, so far anyway. Why are you being so dishonest about Obama- you guys did the EXACT same thing to Clinton, and NOW you are calling him REAGANESQUE???!!!!!!! Can you say the word hypocrite? Holy cow you guys are amazing. No shame at all.

          • Dan April 13, 2010 at 9:02 am #

            It’s a matter of perspective. Clinton was a lib, but after seeing Obama’s radicalism, we didn’t know how good we had it because we couldn’t fathom how bad it could get.

  10. paul wenum April 7, 2010 at 10:17 pm #

    Ok, you pay the price, just don’t pass it on to me. I like my inexpensive light bulbs that work fine with normal Climate change, which by the way is natural.

    • Rob N. Hood April 20, 2010 at 10:35 am #

      Dan- you’re being inconsistent. And I’m sorry but if you call Obama a radical you’d have to say the same for Bush II. Other than Health Care (which is not that radical, so far anyway) Obama has merely been an extension of all of Bush’s policies. And if you’re now saying that Clinton was “good” maybe Obama will turn out “good” too.

      You guys are so stuck on anything anti-liberal you cannot see many things clearly. And your statements above are proof of that.

  11. paul wenum April 7, 2010 at 11:26 pm #

    Thank you Dan, I have asked the same question for years and never ever received an answer. What is fair to tax, 100%? Not one liberal will ever give me an answer. That said, the more they make when they get older they seem to complain but never will admit they are paying 90% of the taxes for the majority that never do. I will never understand their rational probably not until the day I pass away.

  12. Rob N. Hood April 8, 2010 at 7:04 am #

    Paul, now you have your answer. Your welcome…

  13. paul wenum April 8, 2010 at 10:20 pm #

    Just what percent do you pay? I’m curious, what percent do you personally pay to save society as you so aptly state? 20,30,40,50,60,70, 80%? How much are you giving your neighbor as an entitlement or helping society?? Do you tithe? Guys like you never answer because you cannot. There is no answer or you would be caught with your pants down. You don’t pay, period. Your talk is hollow with no substance. I know that I will never receive an honest answer other than, “I work two jobs and pay taxes just like you!” Really, I’ve had two/ three jobs at one time, and trust me my friend you don’t pay close to what I pay to pay for your neighbors health care, welfare, medicaid, soc. security, medicare, blah, blah, blah and other entitlements. If you did, you would not be a happy camper like me and other American’s making over $75,000.00 which by the way is not rich when you are a two income family. Define “Rich” my friend. Doubt that you can, nor ever will.

    • Rob N. Hood April 13, 2010 at 6:26 am #

      I pay just as much as you, more or less, probably. So stop your whining. I answered your question above. Sorry if you don’t like the answer. Continue asking won’t change it.

  14. paul wenum April 11, 2010 at 10:09 pm #

    Robbie, Where’s your answer?

  15. Rob N. Hood April 13, 2010 at 3:51 pm #

    I wish my household income was yours. But no, I wouldn’t put you in the category of “Rich.” You are paying too much in taxes, so are people like me. Why? The filthy Rich aren’t paying their fair share that’s why. Duh.

  16. Dan April 13, 2010 at 3:58 pm #

    What percentage is fair?

  17. paul wenum April 14, 2010 at 8:48 pm #

    I have asked that question and I have yet to get an answer from a liberal. Haven’t for over 20 years. Nothing changes does it? What did Margaret Thatcher say about socialism? It’s coming.

  18. Rob N. Hood April 15, 2010 at 8:18 am #

    You apparently don’t want an answer.

    Here’s another “hoax” to consider:

    Do you think The Street is truly Ok with “letting the people who make the mistakes pay for them” and allowing the biggest banks to fail without government intervention, as Senator Mitch McConnell claims to advocate? I certainly don’t. In fact, when crunch time came on Oct. 1, 2008, McConnell and 31 Republican senators voted in favor of the TARP bailout to save Wall Street. Now, the official Republican position is that the biggest banks must be allowed to fail in order to maintain market discipline. They don’t care that had we followed that course in the most recent meltdown, the consequences would have made our current difficulties seem petty by comparison. The last thing [Wall Street] want[s] is the first thing the GOP claims to want: A government that would refuse to intercede should disaster strike again. It’s all a sham, a shameless, cynical game of chicken. The Democrats are trying to set up a system to rationalize [government intervention] and minimize the risk to taxpayers–[by] insist[ing] that the banks accept rules to make a rescue less likely, including more transparency and regulations regarding derivatives [and] to contribute financially to a $50 billion pool that would be used to fund such a rescue should it be necessary. [But] Wall Street wants the right to remain too big to fail, so they can be sure that government has no choice but to bail them out, of which the GOP says “Sure, Wall Street, we’ll play along with that. You finance our campaigns and we’ll save you from those pesky regulations. And we’ll both pretend to believe that government interventions are off the table from now on, even though we both know it’s not true.”

  19. paul wenum April 15, 2010 at 9:30 pm #

    I’m a realist and a free market guy. If you are going under, you fail and go out of business, period. There is no company to big to fail, except one. America my friend. Let’s not let our country go under like Greece. As a well known attorney Mr. Spence said, “I have a bird in my hand, should I crush it, or let it free?” My friend, it is up to us to do the right thing at this dire time. Let the free market be free. Enough said.

  20. Rob N. Hood April 16, 2010 at 10:21 am #

    I’m not against a free-market. You confuse that with other harsh realities such as the need to regulate those free-markets intelligently, because when you don’t we get more of what has happened. It’s not rocket science.

    But we won’t get that from our rulers, can’t you see that? They are sucking us dry, just like they’ve done to other countries, and then they will move on, hopefully, and leave us alone for awhile. I don’t think they are stupid enough to ruin the USA, but then again they probably don’t really care. It’s all about greed on a global scale. It has nothing to do with Democrat/Republican etc. We are marks to them, that is all. We were ripe for the picking.

  21. paul wenum April 16, 2010 at 11:20 pm #

    Then I suggest that you change it. Talk is cheap. Actions speak louder than words. Get off the couch my friend.

  22. Rob N. Hood April 17, 2010 at 5:39 pm #

    I have two jobs, remember? I rarely sit on any couches. What would you have me do? What is so important that I could do that would help fix these problems? Please tell me- a direct answer, like you always say you want from others (me pretty much)…

  23. paul wenum April 18, 2010 at 9:57 pm #

    Rob, I would strongly suggest that you actually spend a day with a business owner and let them tell you about reality. (By the way, I told you this before but you never listened.) Small business’ is the heartbeat of America. Absent them we don’t exist. Forget taxes, cap N Trade and the like. Find out for yourself what they go through to try to make a profit to keep their employees happy, paid, health care and the bottom line, keeping their doors open to see another day other than the government imposing more barriers to make a profit. After you do this exercise will you see reality as it exists. If you are used to less than 60 hours per week don’t take the challenge. If so, you would have breakfast at 5:00 a.m., if lucky and home at 10-11:00 p.m. Good luck in you adventure and please let me know the outcome.

  24. Rob N. Hood April 20, 2010 at 7:32 am #

    It is you who doesn’t remember or listen… that I have stated I am all for SMALL business.

    Betwen the two parties it is clearly the Democrats who support small business MUCH MUCH more than the Repubs. There used to be an even greater disparity, but the money in politics have driven the Dems to the darker side as well. This needs to be fixed, or we are all doomed.

    But you Rightys cannot see that, and probably never will. We are steadily losing our democracy and you, as a Righty, are helping that process. I believe even some of you are anti-democracy. Now THAT is SCARY……!!

  25. paul wenum April 20, 2010 at 10:55 pm #

    Rob, I have no idea what you have been ingesting but the center-right is less small business the the left? Give me some factual examples other than from some far left website. Facts speak, BS weeps. Let me know. I’d love to see your alleged “facts.”

  26. Darwin May 13, 2012 at 5:23 pm #

    Well that shut him up

A project of Minnesota Majority, hosted and maintained by Minnesotans for Global Warming.