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Court tells U.S. to rethink fuel standards for many vehicles

By Dale Kasler - dkasler@sacbee.com

Last Updated 2:05 pm PST Thursday, November 15, 2007

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California and 10 other states won a lawsuit on improved fuel-economy standards Thursday, when a federal appeals court ordered the Bush administration to rethink the standards for most minivans, sport-utility vehicles and pickup trucks.

The 9th Circuit U.S. Court of Appeals tossed out the federal government's standards, which called for gas mileage on most "light trucks" to increase from 22.2 mpg today to 23.5 mpg by 2010. The suit doesn't cover passenger cars, which are required to meet an average of 27.5 mpg.

Eleven states, plus four environmental groups and New York City and Washington, D.C., sued the government, saying the new standards didn't go nearly far enough. Among other things, they argued that the National Highway Traffic Safety Administration, which set the mileage standards, failed to consider the economic benefits of reducing greenhouse gas emissions.

The decision came as California's average gas price rose to $3.42 a gallon, within 7 cents of the record.

The Sierra Club's Patrick Gallagher called the ruling "a stinging rebuke to the Bush administration." But the practical impact was uncertain. Congress is debating an energy bill that would hike overall fuel economy standards to an average 35 mpg by 2021.

If the bill passes, much of the controversy covered in the 9th Circuit decision could become moot. "A lot of this could be addressed in the energy bill," said Charles Territo, spokesman for the Alliance of Automobile Manufacturers.

Nonetheless, the alliance criticized the court ruling, saying automakers are already working on meeting the Bush administration's standards, which it called ambitious. "Any further changes to the program would only delay the progress that manufacturers have made towards increasing fleet wide fuel economy," alliance President Dave McCurdy said in a press release.

The U.S. Justice Department said it's reviewing the decision. "We will consider all of our options," spokesman Charles Miller said.

The ruling came a week after California sued the Bush administration to force the government to rule whether California can enforce a 5-year-old law requiring a steep drop in tailpipe emissions of greenhouse gases. Cutting emissions would likely translate into improved fuel economy.

About the writer:

  • Call The Bee's Dale Kasler, (916) 321-1066.
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