| Within the past couple years, several states and | | | | Act and they have a responsibility to regulate it |
| organizations have filed toxic gas lawsuits against | | | | via cleaner burning cars. |
| the US Environmental Protection Agency (EPA). | | | | The Bush Administration and the EPA tried to |
| The central argument centers on the | | | | argue that carbon emissions were beyond the |
| interpretation of the 1970 Clean Air Act, how to | | | | control of the EPA as outlined in the Clean Air Act. |
| define and regulate "air pollutants", and if it is the | | | | The section of the Clean Air Act under debate |
| responsibility of the EPA to do so. | | | | was the wording that it is the responsibility of the |
| The first of these lawsuits was filed back in 2005 | | | | EPA administrator to set emission standards for |
| in the D.C District Court of Appeals by groups | | | | "any air pollutant" from motor vehicles which in his |
| such as the Sierra Club and the Environmental | | | | her judgment contributes to air pollution and |
| Integrity Project. The toxic gases under question | | | | affects public health/welfare. |
| in this lawsuit were the harmful pollutants emitted | | | | The Administrations approach for emissions was |
| from concentrated animal feeding operations | | | | the same as with the concentrated animal feeding |
| which include ammonia gas, hydrogen sulfide, and | | | | operations: do nothing and let the major auto |
| fine dust particles. The plaintiffs argue that these | | | | companies work amongst themselves to find a |
| feeding operations are not like traditional family | | | | solution to the carbon dioxide problem. The EPA |
| farms of the past, but are instead very large | | | | administrator also debated whether man made |
| corporate run operations which pack large | | | | carbon dioxide emissions was the real cause of |
| numbers of animals into very small spaces. | | | | global warming, despite existing scientific evidence |
| The result is the emission of these toxic gases in | | | | which already supports this theory. This lawsuit |
| large quantities into the environment on a yearly | | | | was debated by lower courts trying to decide if |
| basis which have all been linked to causing | | | | the plaintiffs had legal standing, and although the |
| respiratory illness. In its defense, the EPA claims | | | | District of Columbia Circuit Court ruled in favor of |
| that it is working with the Bush Administration as | | | | the EPA the case was eventually brought before |
| part of the sweetheart deal to monitor the | | | | the Supreme Court. According to the Supreme |
| progress of these concentrated animal feeding | | | | Court ruling it was decided that the plaintiffs had a |
| operations to clean up their acts on their own | | | | valid case, and that under the Clean Air Act |
| over a number of years. | | | | carbon dioxide was an air pollutant of public health |
| This wait and see approach is what led to the | | | | concern. |
| next set of toxic gas lawsuits filed against the | | | | The EPA is now obligated to begin limiting tailpipe |
| EPA, although this time the issue was emissions | | | | emissions beginning with the 2009 model year. |
| gas and global warming. This most recent lawsuit | | | | Part of this process will be reducing the escape of |
| was filed towards the end of 2006 and names | | | | toxic gases from fuel cans by creating a tighter |
| California, New Hampshire, Pennsylvania, Illinois, | | | | seal on the lids. Automakers will also be restricted |
| Maine, Massachusetts, Rhode Island, Connecticut, | | | | to the amount of benzene added to gasoline to |
| New Jersey, New York, Washington, Vermont, | | | | ensure proper engine combustion. Benzene is a |
| and Oregon, as well as Baltimore, the District of | | | | carcinogen linked to anemia and reduced blood cell |
| Columbia, and the Sierra Club as plaintiffs. | | | | counts, and the new measures taking place by |
| The argument is whether or not carbon dioxide is | | | | 2011 ensure that automakers are taking positive |
| considered an air pollutant leading to global | | | | steps to make their vehicles more |
| warming, and if the EPA should be doing more to | | | | environmentally friendly. |
| regulate carbon dioxide emissions. The plaintiff's | | | | It is expected to take until 2030 for full |
| case is that carbon dioxide must be considered an | | | | compliance on the new measures to take effect, |
| air pollutant since it has been scientifically proven | | | | but the EPA feels that these stricter standards |
| to be the principal greenhouse gas affecting global | | | | will lead to billions of dollars in health care savings |
| warming. They feel that this definition of carbon | | | | and reduced toxic gas emissions by over 300,000 |
| dioxide as a threat to public safety puts it within | | | | tons. |
| the jurisdiction of the EPA under the Clean Air | | | | |