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Saturday, December 29, 2007

Dealers Sue Over Car Rules

By Dan McKay
Copyright © 2007 Albuquerque Journal; Journal Staff Writer
    The future of New Mexico's "Clean Car" program isn't getting any clearer.
    The regulations, in fact, face yet another legal challenge, this time in federal court.
    Zangara Dodge Inc. and two other auto dealers this week asked a federal judge to block enforcement of the new rules, which would go into effect for 2011 model cars and trucks.
    The rules impose strict low-emission standards on new vehicles sold in the state. Supporters say the program would help address global warming and smog.
    But Zangara's suit says the regulations— adopted by the state and local air-quality agencies last month— conflict with federal law. The rules also would depress auto sales, reduce the selection of vehicles available in New Mexico and increase prices, the lawsuit says.
    The state Environment Department remains confident the Clean Cars program will prevail in court.
    "This lawsuit is a waste of taxpayers' money and an attempt to stall a program that is the single most effective means of fighting global warming," Environment Secretary Ron Curry said in a written statement to the Journal.
    The Clean Cars program faces other legal challenges, as well:
   

Several Democratic legislators, car dealers and a farmer filed a lawsuit in state court before the regulations were adopted. They argue that the state Environmental Improvement Board lacked authority to adopt the regulations. The regulations, the suit said, must go before the state Legislature.
    A state district judge dismissed the lawsuit on technical grounds, and the plaintiffs have asked the Court of Appeals to take up the case.
   

Litigation across the country also could affect the program. New Mexico's regulations are based on California's Clean Car pollution rules. About a dozen states have adopted the California program.
    But the U.S. Environmental Protection Agency this month denied California's application to carry out the regulations. California intends to fight the EPA decision.
    Victor Marshall, an attorney who filed the state lawsuit, said the local regulations should be withdrawn because of the EPA decision.
    "One of the questions we have is, what's left of their regulations given what the EPA has done?" Marshall said.
    Two agencies— the state Environmental Improvement Board and the Albuquerque-Bernalillo County Air Quality Control Board— approved the Clean Cars program in late November. Both boards are appointed by elected officials.
    Supporters said the program would help cut emissions that contribute to global warming and reduce fuel costs for consumers— without affecting the quality or selection of vehicles sold here.
    Used cars and older models would be exempt from the regulations.
    "We are confident that the states will eventually prevail because the effects of greenhouse gases are well-documented and unmistakable," Curry said. "Those gases affect the health of children, reduce our snowpack and impact our most precious resource, water."
    The 20-page Zangara lawsuit was filed Thursday by attorneys R.E. Thompson and Leslie Padilla. Auge Sales and Services Inc. and Phil Carrell Chevrolet-Buick Inc. are also plaintiffs.