Court Rejects SUV Fuel-Efficiency Loophole

T: greenhouse gases. The court said the new standard could and should have done more to cut emissions. It's the latest signal that the federal courts are taking climate change seriously.

And as NPR's Kathleen Schalch reports, the courts are asking the government to do the same.

KATHLEEN SCHALCH: Eleven states, two cities and four environmental groups sued the government last year after it finalized its new gas mileage rule for pick-up trucks, minivans and SUVs. David Doniger argued the case for one of the plaintiff, the natural resources defense council. He says the decision is unequivocal.

: It's a sharp rebuke to the Bush administration.

SCHALCH: The 9th U.S. Circuit Court of Appeals ruled that the National Highway Traffic Safety Administration had failed to do what it's supposed to do when it regulates: weigh all the costs and benefits fairly. The agency looks at how a tough rule could limit consumer choice, drive up costs, and affect autoworkers' jobs.

: But they left out the most important benefit, curbing the CO2 that contributes to global warming. They put zero value on that. And the court said that's completely unreasonable.

SCHALCH: The court also took issue with the very idea at the heart of the rule that SUVs should be allowed to get worse gas mileage, that they're trucks - work vehicles - not passenger cars. Patrick Parenteau, a law professor at Vermont Law School points out that 70 percent are never taken off road.

D: And the court said these vehicles have been manufactured specifically for an urban market, and specifically for passenger use. And you can no longer ignore that fact.

SCHALCH: Less clear is what impact the ruling will have. Gloria Bergquist, vice president of the Alliance for Automobile Manufacturers, says, not much. The current rule covers 2008 through 2011.

: Because automakers need so much lead time to develop vehicles, we're already committed to our vehicles through our model year 2011. In fact, two-thirds of our vehicles for model year 2012 are already in the production phase where very few changes can be made.

SCHALCH: Besides, she says, the court case could be overtaken by events, because Congress is now debating bills that could tighten fuel economy rule for all vehicles, requiring them to average up to 35 miles per gallon by 2020. She says the industry doesn't even oppose a tough rule. But environmentalists, including NRDC's David Doniger, contended this ruling actually matters a lot. He says it could force changes in the vehicles put on the market, at least in 2010 and in 2011. And this decision comes on the heels of others that suggest the court's stance on global warming has changed.

: This is the third court decision this year in which the Supreme Court, this appeals court and another district court have rebuked either the administration or the auto industry for installing and dragging feet on global warning.

SCHALCH: The Bush administration could appeal the case to the Supreme Court. Charlie Miller is the spokesperson for the Department of Justice.

: We're in the process of reviewing the decision. And we will consider all of our options.

SCHALCH: But Richard Lazarus, a law professor at Georgetown University, doubts that the ruling will be overturned. And he believes that this case, along with the others decided this year, will force the government to treat climate change differently.

: Every time the government acts to the extent that they are either contributing to climate change or failing to take into account how climate change influences their ruling, their decision. Now, they're going to have to do so.

SCHALCH: He says this could affect future rules and policies on all sorts of issues well beyond how far cars should go on a gallon of gas.

Kathleen Schalch, NPR News, Washington. Transcript provided by NPR, Copyright National Public Radio.