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Automakers Fight Global Warming Lawsuit
Breaking Legal News | 2006/12/17

The six largest automakers asked a federal judge to toss out a lawsuit by California that accuses them of harming human health and the environment by producing vehicles that contribute to global warming. California Attorney General filed the suit in September against Chrysler, General Motors Corporation, Ford, Toyota, Honda and Nissan, alleging that vehicles manufactured by the companies "currently account for nearly 20 percent of the carbon dioxide emissions in the United States and more that 30 percent in California." The automakers say that disagreements they may have with the state should be settled through the regulatory process, not litigation.

"It's the classic kind of case that the Supreme Court has said doesn't belong in federal court," said Theodore Boutrous, who represents Chrysler Motors Corp., General Motors Corp., Ford Motor Co., Toyota Motor North America Inc., American Honda Motor Co. and Nissan North America Inc.

State Attorney General Bill Lockyer, who filed the suit in September, claims that automakers are violating public nuisance laws by producing high-emission vehicles and should pay damages for polluting. He says automakers could produce cleaner vehicles, but have chosen to fight instead.

"The thrust of what we're saying is the technology to produce vehicles that emit far less greenhouse gases exists," Lockyer spokeswoman Teresa Schilling said. "They fight any attempt to get them to cut back on their pollution."

The lawsuit contends the state is already dealing with the harmful effects of global warming caused by rising emissions of carbon dioxide and other heat-trapping gases. Vehicles are the state's largest single source of greenhouse gas emissions.

The complaint cites state reports that say rising temperatures will melt Sierra Nevada snowpack earlier each year, which will flood the Central Valley and threaten the state's water supply.

Automakers are also wrangling with California over a 2002 law requiring them to cut emissions. Under the law, the California Air Resources Board has adopted standards designed to cut carbon dioxide emissions from cars and light trucks by 25 percent and from sport utility vehicles by 18 percent starting in 2009.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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