State of California & vehicle makers agree

Motor, Sep 2003 by Nash, Tom

California Air Resources Board (ARB), DaimlerChrysler, Isuzu, General Motors and several motor vehicle dealers jointly announced an agreement bringing an end to litigation involving the 2001 Zero Emission Vehicle (ZEV) regulation.

The litigation involves three separate lawsuits the manufacturers and dealers filed last year in federal and state courts located in Fresno challenging the ARB's authority to promulgate the 2001 ZEV regulation. They were based on claims under several state laws, as well as a claim that federal fuel economy laws preempt the 2001 ZEV regulation.

The Federal District Court in Fresno granted a preliminary injunction prohibiting enforcement of the 2001 ZEV regulation in 2003 and 2004, citing the governments role in regulating fuel economy while the case moved forward on the merits.

"General Motors believes the best way to address the environmental and energy issues facing California, our nation and the world is through voluntary, market-based applications of innovative technologies," said Beth Lowery, GM Vice President of Environment and Energy. "Although GM does not agree with the concept of mandated approaches to automotive technology advancement, GM believes the proposed 2003 ZEV regulation provides the flexibility we need to move beyond the litigation."

"As legal action is never our preferred approach, DaimlerChrysler is pleased we were able to work with ARB and the other plaintiffs to resolve the litigation," said Bernard Robertson, DaimlerChrysler Senior Vice President, Engineering Technologies and Regulatory Affairs. "While we don't believe mandates are appropriate in the consumer-driven marketplace, DaimlerChrysler is committed to work with ARB and other interested parties to ensure that all technologies that can benefit the air quality in the State of California are recognized and permitted in any future regulations."