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State AGs 
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Carmakers ask judge to boot AG's suit over car emissions
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Jerry Brown
SACRAMENTO -- The Big Six automakers today put the ball back into California Attorney General Jerry Brown's court over a contentious auto emissions lawsuit.

The car manufacturers' attorney today asked Judge Martin Jenkins to dismiss a federal lawsuit against them brought by Brown's predecessor, Bill Lockyer. The case is being heard in U.S. District Court in Sacramento.

The suit requested unstated damages, estimated at many millions of dollars, from the Big Six (General Motors, Ford, Chrysler, Toyota, Honda and Nissan) for their vehicles' greenhouse gas (GHG) emissions.

Lockyer's suit alleged that the global warming these GHGs - mostly carbon dioxide - cause represents a "public nuisance" to California. This could include damage caused by phenomena like fires and flooding that some experts predict could rise in California in the future.

But attorney Ted Boutrous told Jenkins that car makers can't be held solely responsible for a widespread problem like global warming. He also stressed that the issue requires an international political solution.

Lockyer's action has been called "the state's most frivolous lawsuit" by Sacramento-based Pacific Legal Foundation (PLF), quoted in a recent LegalNewsLine, because of uncertainty over how to define "public nuisance." If successful, warned the PLF, the suit would cripple the state's economy.

Brown had long hinted that he was prepared to ditch the lawsuit and early last month made statements implying he was prepared to talk to auto manufacturing executives. Observers believed then that Brown was preparing the ground for a settlement offer, but none has emerged yet.

Jenkins indicated in today's hearing that he is uncertain about several aspects of the attorney general's case. These include at what point carbon dioxide emissions begin to cause damage and how to measure car makers' responsibility to reverse the rise.

The judge was also concerned about the suit's potential impact on the U.S. government's ability to negotiate international global-warming treaties.


Filed Under: State AGs

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MORE NEWS HEADLINES:
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+ Bill limiting Miss. AG's authority dead for breaking rules - 2/10   read more
+ Vermont GOP wants Sorrell to look into possible union bullying - 2/10   read more
+ Madigan recovered more than $1M for workers in 2011 - 2/10   read more
+ Mass. AG recovered $5M from labor violations - 2/10   read more
+ Blog: Mortgage settlement not all that great - 2/9   read more
+ Report: Va. AG sues over health spa memberships - 2/9   read more
+ N.H. AG settles with PetSmart over cadmium allegations - 2/9   read more
+ Conn. utilities board rules for Jepsen's motion - 2/9   read more


IN THE SPOTLIGHT:
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Wednesday, February 08, 2012
PHILADELPHIA (Legal Newsline) - A roundtable of federal and state judges from across the country will convene at the posh Ritz Carlton on Feb. 9 to address topics such as "Can MDL's keep up with state court trial settings;" "Priority of deposition examination;" "State and federal cooperation;" and "Forum non conveniens."
Read more...


+ Study shows plaintiff bias in Philly courts - 2/6
+ Fannie Mae offers examples of routine dishonesty in its fight against lenders - 2/3
+ Quaker City courts have troubled history; some reject 'plaintiff-friendly' criticism - 1/31
+ Madison County asbestos docket feeds off intake firm referrals - 1/19
+ Torts conference set for Feb. 8 in Philly - 1/18
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