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Court upholds tough Vermont auto emissions law
Law Center |
2007/09/13 06:51
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| District Court in Vermont on Wednesday upheld a state law that calls for a 30 percent reduction in the amount of carbon dioxide, a greenhouse gas, emitted by cars and certain light trucks. In his decision, Judge William K. Sessions found that the Vermont law -- which regulates greenhouse gas emissions -- did not conflict with federal regulations on fuel economy. "The plaintiffs failed to prove the regulations were preempted," Sessions wrote in his decision. Automakers General Motors Corp. and DaimlerChrysler AG -- which has since sold its Chrysler unit -- sued in 2005 to block the law, arguing that states do not have the authority to regulate the amount of CO2 released by cars, which is closely related to fuel economy. Vermont is one of nearly a dozen states that followed California's lead in adopting the strict standard, which is tougher than federal rules and is intended to reduce the rise in global temperatures and changing weather patterns associated with greenhouse gas emissions. The automakers argued that they could not meet the new standards, and in court testimony said they would have to pull out of the state as a result.
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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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