March 24, 2006 -- Judge Rejects Automakers’ Lawsuit
Decision Clears Way for Clean Car Standards for Oregon
For Immediate Release:
March 24, 2006
For more information:
Angela Crowley-Koch, Oregon Physicians for Social Responsibility, 503-274-2720
Joseph McKinney, Oregon Roads, 541-683-2277
Lindsey Capps, Oregon Environmental Council, 503-222-1963 x103
Jeremiah Baumann, OSPIRG, 503-231-4181 x10
Salem—A Marion County circuit court judge ruled Thursday in favor of clean cars and against the Alliance of Automobile Manufacturers, which was trying to block Oregon from adopting the proposed clean car standards. The Environmental Quality Commission, an appointed citizen board that has authority to modify vehicle emission standards, adopted the standards by temporary rule in December and must vote again by the end of June to make the standards permanent.
The clean car standards will cut global warming pollution by 30% from new cars and trucks sold in Oregon. They will also curb emissions of health-threatening air toxics, such as benzene, by 22-38%. The U.S. EPA recently released the results of its latest National Air Toxics Assessment, which indicates that benzene is one of the most significant carcinogens in the air. Nearly half the benzene in the air comes from cars and trucks.
“Thursday’s decision affirms the state’s authority to protect Oregonians from benzene and other air toxics that are linked to cancer, asthma and other health problems,” said Jenny Pompilio, MD with the Oregon Physicians for Social Responsibility, which is a member of the Clean Cars for Oregon Coalition. “The major sources of benzene emissions are cars and trucks.”
During the 2005 legislative session, lobbyists for the automakers succeeded in having a provision tucked into the Department of Environmental Quality’s budget that would have had the effect of blocking the Environmental Quality Commission from adopting new vehicle emission standards. Governor Kulongoski used his line-item veto authority to remove that provision and instructed Department staff to go to work on the issue. Automakers then sued the state, challenging the constitutionality of the Governor’s veto. But today Judge Mary Mertens James rejected their suit, saying the governor’s veto of Section 6 of HB 5135, an item in an appropriation bill, was a proper use of the item veto power conferred by Article V, section 15a [of the Oregon constitution].”
The lawsuit was controversial within Oregon’s automotive industry, reflecting an industry split, with some auto dealers supporting the proposed clean car standards and others opposing. The Alliance of Automobile Manufacturers initiated the lawsuit, but the Oregon Auto Dealers Association declined to join the automakers because their membership was not in agreement on the issue. Only four Oregon auto dealers joined the suit, as did three legislators.
Monty King, president of the Oregon Vehicle Dealers’ Association, said his organization polled its members and the overwhelming response was, “We like clean air too.” “Consumers validate clean cars by sitting on waiting lists for hybrids that have no rebates or other gimmicks designed to stimulate sales,” said Joseph McKinney, CEO of Oregon Roads, Oregon’s largest vehicle leasing company. “The future of the car business belongs to safe, efficient and clean cars.”
The Clean Cars for Oregon Coalition is a growing alliance of businesses, health professionals, faith leaders, elected officials, conservationists and others who support Oregon’s adoption of the more protective clean car standards now enjoyed by ten other states. Learn more about Clean Cars for Oregon and the many coalition members at www.cleancarsoregon.org.
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