Fed Judge Tosses CA Anti-Car Lawsuit
Published: September 19th, 2007
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The major automakers are breathing a bit easier, thanks to a recent court ruling. The International Herald Tribune reports that the California federal district court has dismissed a claim against General Motors, Ford, DaimlerChrysler, Toyota, Nissan and Honda for damages caused by vehicle emissions. In its case, the State of California was demanding several billion dollars in court-ordered and civil damages on the basis that these emissions constituted a public nuisance that inflicted climate change and health-related costs. Judge Martin Jenkins, a Clinton appointee and San Francisco native, ruled against the Golden State, opining that emissions regulations were the domain of the legislature and not under the jurisdiction of the courts. The state has hinted that it may appeal the ruling. No word yet from Sacramento as to whether the state will also be filing suit against its own Department of Motor Vehicles for permitting millions of state residents to drive all of those cars, or its Department of Transportation for building the highways that they used.
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Adrian, Our beloved(?) Governator is, by and large, a Republican in name only. Sure, he talked about kicking out all the lobbyists and trimming the bureaucratic fat from $acramento during his campaign, but tangible results of that rhetoric are few and far between at best. That being said, the fact that even a Clinton-appointed judge in Sucka Free had sense enough to toss this suit where it belongs gives me hope that our once great state isn't sociopolitically screwed after all... *slaps self* Sorry, got optimistic there for a second.
The lawsuit was a stroke of genius. I am upset it failed. Had it not failed, some real change in our legislatures might finally have come. Well, maybe I am too optimistic? Seriously, this was about grabbing money from a bunch of companies that mostly are not in California. Haven't you ever noticed how these things usually involve one state taking money from people who mostly live elsewhere? New Yorkers would have frozen in the dark years ago had they not been able to continue to tax the whole country by first ripping us all off with financial schemes, and then having the legislature fine the offending company and keep all the money in state. Eliott Spitzer was elected because he brought home the bacon in a big way. That's how it works these days. I guess Brown just isn't up to Spitzer's skill level.
I thought it was Brown's predecessor, Bill Lockyer, who brought the suit. Not that I think it was a brilliant move, but at least let's not blame Gov. Moonbeam.