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Calif. Court Rejects SUV Mileage Rules

California Attorney General Jerry Brown, left, shown with Gov. Arnold Schwarzenegger, said his state's battle over emissions is
California Attorney General Jerry Brown, left, shown with Gov. Arnold Schwarzenegger, said his state's battle over emissions is "a fight for the future of America." (By Rich Pedroncelli -- Associated Press)
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The government could request a rehearing by the same three-judge panel, ask the full court to consider the case or petition the Supreme Court for review.

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The decision is one of a number of recent legal actions on vehicle emissions and fuel economy at a time of heightened concern about global warming and $3-per-gallon gasoline.

Two years ago, California sought a waiver from the Environmental Protection Agency to implement its own, tougher emissions standards, which the EPA has not granted. The state is suing the EPA.

The auto industry, meanwhile, is suing California to prevent it from enacting its own standards, arguing that they should be the province of the federal government and fearing the creation of a nationwide patchwork of standards. A federal court ruled in September that Connecticut, California and Vermont could set their own emissions standards. In April, the Supreme Court ruled that the Environmental Protection Agency must consider whether carbon dioxide is a harmful pollutant.

And Congress is considering two bills that would force vehicle manufacturers to raise their gas-mileage numbers in coming years.

Automakers plan to proceed as if the 2006 fuel economy standards are still in effect, said Gloria Bergquist, spokeswoman for the Alliance of Automobile Manufacturers, a trade group.

"Ongoing advancements by auto engineers are leading to even greater fuel economy gains," Alliance President Dave McCurdy said in a statement. "A good balance of safety, higher fuel economy, and jobs benefits all Americans."

Tom O'Dell, an auto analyst with Edmunds, called the ruling a "huge victory for the environmental groups" and the 11 states and cities but pointed out that it probably will have no immediate impact on auto buyers.

Nevertheless, it is "another one of the federal courts saying, 'Hey, greenhouse gas is something that needs to be considered as we're dealing with the auto industry and emissions and mileage,' " O'Dell said. "It's a decision that's going to bounce around a bit and have a lot of impact."


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