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| Calif. suit on car greenhouse gases dismissed |
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| Written by Adam Tanner | |
| Sunday, 16 September 2007 | |
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SAN FRANCISCO (Reuters) - A
U.S. federal judge tossed out a lawsuit by California's attorney general on
Monday seeking hundreds of millions of dollars from six automakers for damaging
the state with climate-changing greenhouse gases.
Martin Jenkins, a federal
judge in the Northern District of California, said the issue of global warming
should be decided in the political rather than legal arena.
"The Court finds that
injecting itself into the global warming thicket at this juncture would require
an initial policy determination of the type reserved for the political branches
of government," Jenkins wrote in approving the automakers' motion to
dismiss the case.
The suit, filed in
September, targeted General Motors Corp, Ford Motor Co, Toyota Motor Corp, the
U.S. arm of Germany's DaimlerChrysler AG and the North American units of
Japan's Honda Motor Co and Nissan Motor Co Ltd.
"The Court is left to
make an initial decision as to what is unreasonable in the context of carbon
dioxide emissions," Jenkins wrote. "Such an exercise would require
the Court to create a quotient or standard in order to quantify any potential
damages that flow from Defendants' alleged act of contributing 30 percent of
"The balancing of
those competing interests is the type of initial policy determination to be
made by the political branches, and not this Court."
The suit was the first
seeking to hold manufacturers liable for global warming damages caused by
greenhouse emissions. It said cars made by the six automakers account for more
than 30 percent of human-generated carbon dioxide emissions in
"We understand why a
district federal judge may not want to jump into a global warming thicket with
both feet," Ken
"Right now because the
political branches -- the federal government, Congress and the executive branch
-- have not acted, the state of
Alex said his office would
consider whether to appeal the case to the 9th U.S. Circuit Court of Appeals,
saying judges frequently decided reasonable standards in cases such as dumping
of pollution into rivers.
According to the suit,
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