Wednesday, March 07, 2007

Am I the only one ...

Automakers ask judge to dismiss global warming lawsuit:
"Copyright � 2007 by Bay City News, Inc. -- Republication, Rebroadcast or any other Reuse without the express written consent of Bay City News, Inc. is prohibited."

Okay, Bay City, lighten up already. So I won't even quote your story directly.

Am I the only one to see the real reason this lawsuit should be thrown out? The article describes a suit against the American Big Three automakers and three of their Japanese competitors brought in federal court by the State of California claiming damage to the state from AGW attributable to auto emissions.

The defendant firms have cited as grounds for the court to dismiss that the question is political and pre-empted by federal regulations including the Clean Air Act.

The point should be that the state of California has for years enforced emission standards for autos which are more stringent than the federal standards. The state could have chosen at any time to enact further statutory controls to address concerns about CO2-caused climate change. The state must be debarred from pursuing this action which amounts to an unconstitutional ex post facto law.

OTOH, I would take a perverse delight in watching the state and defendants sparring in a court of law. The state would have to show: (1) that AGW exists, (2) that there is a causal connection between CO2 from autos and AGW, (3) the amount of damage caused to the state by AGW, and (4) the proportion of that damage attributable to autos manufactured and sold by the defendant firms. That could be lots of fun.


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