[BATN] Editorial: Lockyer's warming suit against automakers frivolous Date: Fri, 29 Sep 2006 05:08:59 -0000 X-Sender-Host-Name: n21b.bullet.sc5.yahoo.com X-Skip-Spam-Check: yes - Ham Bypass - white-hard - Master From White List - F="9/28 SJ Mercury" T=news@energy-net.org X-Nohoney: yes white-hard - Master From White List - F="9/28 SJ Mercury" T=news@energy-net.org X-Spam-Class: HAM-VERY-WHITELIST Published Thursday, September 28, 2006, by the San Jose Mercury News Editorial Suing car makers is a waste of time It's Bill Lockyer's version of "What's My Line?" Is he California's attorney general, at least for a few more months until he's forced out by term limits? Is he California's would-be state treasurer, grandstanding for the voters? Or is he the state's environmental czar, the scourge of car companies? Last week, Lockyer filed a lawsuit against six car companies, claiming they've created a public nuisance by building cars that emit carbon dioxide. The theory is that tailpipe emissions contribute to global warming, which Lockyer claims already is melting California's snow cap, eroding beaches, threatening public health and causing other multimillion-dollar problems. Cars can be a nuisance. Why not sue carmakers for the billions of dollars in medical expenses caused by car crashes? What about the environmental costs of paving land to build roads? Make Big Auto pay for the violence induced by road rage, the stress caused by traffic jams, the unintended pregnancies made possible by back seats and minivans, the ... OK, we're getting silly. So is Lockyer's suit. A similar global-warming nuisance suit against power companies was thrown out by a federal court in New York: The ruling said Lockyer and other attorneys general were trying to use the courts to make policy. The new suit is likely to fizzle, but Lockyer will be long gone as attorney general. Lockyer filed the first-of-its-kind lawsuit "on behalf of the people of the state of California," says his press release. At least, on behalf of one person in the state: Democrat Lockyer, who hopes to be elected treasurer in November. California is taking a leadership role on cutting greenhouse gas emissions. Under a compromise bill passed last month, California will cut emissions 25 percent by 2020 primarily by regulating refineries, power plants and other heavy industries. A 2002 bill to cut tailpipe emissions has not gone into effect. Automakers sued, claiming California is encroaching on federal jurisdiction; the issue will go to trial in January. It's Lockyer's job to try to enforce California law. It's not his job to make law through frivolous lawsuits. Email article texts/URLs for posting to . Manage your subscription by sending a blank email message to: BATN-subscribe@yahoogroups.com to subscribe, BATN-unsubscribe@yahoogroups.com to unsubscribe, BATN-digest@yahoogroups.com to switch email to digest mode, BATN-normal@yahoogroups.com to switch email to normal mode, BATN-nomail@yahoogroups.com to switch email delivery off. See http://groups.yahoo.com/group/BATN for web access & archives.