California is taking the global warming fight straight to the tailpipe!
Talk about creative government lawyering, for the first time a state is trying to hold car makers liable for the greenhouse gases that scientists believe are warming up the atmosphere and damaging the environment.
"Global warming is causing significant harm to California's environment, economy, agriculture and public health," California Attorney General Bill Lockyer said in a statement announcing the lawsuit his office was filing against GM, DaimlerChrysler, Ford, Toyota, Honda and Nissan.
The lawsuit claims that the carmakers have created a public nuisance by turning out millions of vehicles that emit massive quantities of carbon dioxide. The car companies did not appear to be immediately worried, probably relying in part on a similar New York case that was filed against some utility companies there and was thrown out of court.
California and 11 other states also are involved in a lawsuit that challenges what they call the federal EPA's refusal to regulate greenhouse gas emissions, now awaiting Supreme Court review.
Some people shake their head at California's decades-old struggle to clean up its air by battling Detroit, but it did establish the first air pollution control districts way back in 1947, in an attempt to help rid Los Angeles of the smog that was already being recognized even back then (the word "smog" didn't even exist then; they called it a "gas attack").
This new lawsuit may be political grandstanding by the Governator, but it certainly will at least get Detroit's attention for the moment.
Anything that makes Detroit think about building more fuel efficient and less polluting cars is a step in the right direction. People might put up with a few more defects (lemons?) if they got such good mileage that they couldn't resist it.
ABOUT THE AUTHOR
Known nationwide as a leading Lemon Law attorney, Ronald L. Burdge has represented literally thousands of consumers in "lemon" lawsuits and actively co-counsels and coaches other Consumer Law attorneys. From 2005 through 2018, attorney Ronald L. Burdge has been named as the only Lemon Law Ohio Super Lawyer by Law and Politics magazine and Thomson Reuters Corp., Professional Division. Burdge restricts his practice to Lemon Law and Consumer Law cases. The Ohio Super Lawyer results are published annually in the January issue of Cincinnati Magazine. Ronald L. Burdge was named Consumer Law Trial Lawyer of the Year 2004 by the National Association of Consumer Advocates, the nation's largest organization of consumer law private and government attorneys. "Your impact on the auto industry has been magnified many times over because of the trail you blazed for others," stated NACA's Executive Director, Will Ogburn. Burdge has represented thousands of consumers in Ohio, Kentucky and elsewhere since 1978 and is a frequent lecturer to national, state and local Bar Associations and Judicial organizations. Burdge is admitted to Ohio's state and federal courts, Kentucky's state courts, and Indiana's federal courts. Other court admissions are on a "pro hac" temporary, case by cases basis.