xcel
03-16-2007, 03:06 PM
Automakers want to bar public from proceedings over tailpipe emissions, citing trade secrets. (http://www.detnews.com/apps/pbcs.dll/article?AID=/20070316/AUTO01/703160357/1148)
http://www.cleanmpg.com/photos/data/501/Auto_Alliance_Driving_Innovation.jpgDavid Shepardson - Detroit News - Mar. 16, 2007
The Auto Alliance and Auto manufacturers appear to be burying the court in paperwork. GM, 1.5 million pages, Ford, 800,000 and Toyota at 500,000.
WASHINGTON -- Automakers want to bar the public from part of a trial over whether Vermont can impose new standards on vehicle tailpipe emissions in the first challenge to one of the biggest environmental issues facing the auto industry.
At issue is balancing the automakers' right to protect trade secrets, including detailed product forecasts and technology plans, against the public's right to attend court proceedings.
The legal challenge follows California's 2002 order that automakers meet tailpipe emissions limits -- beginning in 2009 -- that increase annually to cut emissions up to 40 percent by 2016.
To comply, automakers would have to improve fuel economy eventually to average 40 miles per gallon for passenger cars.
Nine other states have adopted California's rules. General Motors Corp., DaimlerChrysler AG and the Alliance of Automobile Manufacturers, a Washington-based trade association, filed federal lawsuits to bar the new rules from taking effect in Vermont, Rhode Island and California. The first suit, in U.S. District Court in Burlington, Vt., is set for trial next week.
Executives at GM, DaimlerChrysler, Ford Motor Co., Nissan Motor Co., Toyota Motor Corp. and Honda Motor Co. filed sworn affidavits last week asking U.S. District Judge William K. Sessions III to bar the public from parts of the trial.
A hearing is set for Monday after the Burlington (Vt.) Free Press objected to the plan and could not reach an agreement with automakers on trial access.
Automakers want to bar the public from hearing portions of witness testimony and keep about 150 court exhibits from the public eye.
"(Automakers) are committed to a trial that provides as much press access to the public as can be achieved while preserving the fundamental trade secrets," said Andrew Clubok, a lawyer for the industry.
Automakers say they might be forced to close dealerships or stop selling some of their least fuel-efficient models, such as big pickups and SUVs that are also among their most profitable, in states that adopted the regulations.
California officials believe new auto sales will decline in the Golden State 4.7 percent by 2020 -- or 90,000 vehicles -- under its regulations.
Vermont says the state's environment is at stake -- even the health of its storied maple syrup industry -- if automakers don't reduce greenhouse gas emissions. U.S. autos account for 6 percent of worldwide emissions.
Automakers have offered to release edited daily transcripts of closed-door testimony that exclude the most confidential information.
DaimlerChrysler's Chrysler Group is worried that its most sensitive documents, including its top-secret "Plan of Record" will fall into the wrong hands.
"Because disclosure of the information contained in the Plan of Record could result in substantial losses and a major competitive setback for the company, the Plan of Record is not permitted to leave DaimlerChrysler's headquarters," said Deborah Morrissett, DaimlerChrysler's vice president of regulatory affairs.
GM turned over 1.5 million pages of records, most labeled highly confidential, said Alan Weverstad, executive director of environmental and energy staff at GM. The documents include "detailed engineering and financial assessments of the potential costs and fuel economy changes that could be achieved by dozens of different technologies in specific vehicle models."
Ford Motor Co. turned over 800,000 pages of material, said Ford attorney Mark Edie, including fuel economy technologies Ford may use on future models and other information.
Toyota reviewed 500,000 pages of material in response to a subpoena from Vermont and turned over 1,600 pages of secret information. Some is "so sensitive that only one or two people within all of Toyota's North American operations have access to it," said Toyota attorney Elizabeth Gibson.
Richard Friedman, a University of Michigan law professor, said courts must find that a trade secret is relevant to the case in order to close the court. "Courts are very reluctant to lock the courtroom doors to the public," Friedman said, noting that -- unlike in criminal cases -- there is no constitutional right to attend civil trials.
http://www.cleanmpg.com/photos/data/501/Auto_Alliance_Driving_Innovation.jpgDavid Shepardson - Detroit News - Mar. 16, 2007
The Auto Alliance and Auto manufacturers appear to be burying the court in paperwork. GM, 1.5 million pages, Ford, 800,000 and Toyota at 500,000.
WASHINGTON -- Automakers want to bar the public from part of a trial over whether Vermont can impose new standards on vehicle tailpipe emissions in the first challenge to one of the biggest environmental issues facing the auto industry.
At issue is balancing the automakers' right to protect trade secrets, including detailed product forecasts and technology plans, against the public's right to attend court proceedings.
The legal challenge follows California's 2002 order that automakers meet tailpipe emissions limits -- beginning in 2009 -- that increase annually to cut emissions up to 40 percent by 2016.
To comply, automakers would have to improve fuel economy eventually to average 40 miles per gallon for passenger cars.
Nine other states have adopted California's rules. General Motors Corp., DaimlerChrysler AG and the Alliance of Automobile Manufacturers, a Washington-based trade association, filed federal lawsuits to bar the new rules from taking effect in Vermont, Rhode Island and California. The first suit, in U.S. District Court in Burlington, Vt., is set for trial next week.
Executives at GM, DaimlerChrysler, Ford Motor Co., Nissan Motor Co., Toyota Motor Corp. and Honda Motor Co. filed sworn affidavits last week asking U.S. District Judge William K. Sessions III to bar the public from parts of the trial.
A hearing is set for Monday after the Burlington (Vt.) Free Press objected to the plan and could not reach an agreement with automakers on trial access.
Automakers want to bar the public from hearing portions of witness testimony and keep about 150 court exhibits from the public eye.
"(Automakers) are committed to a trial that provides as much press access to the public as can be achieved while preserving the fundamental trade secrets," said Andrew Clubok, a lawyer for the industry.
Automakers say they might be forced to close dealerships or stop selling some of their least fuel-efficient models, such as big pickups and SUVs that are also among their most profitable, in states that adopted the regulations.
California officials believe new auto sales will decline in the Golden State 4.7 percent by 2020 -- or 90,000 vehicles -- under its regulations.
Vermont says the state's environment is at stake -- even the health of its storied maple syrup industry -- if automakers don't reduce greenhouse gas emissions. U.S. autos account for 6 percent of worldwide emissions.
Automakers have offered to release edited daily transcripts of closed-door testimony that exclude the most confidential information.
DaimlerChrysler's Chrysler Group is worried that its most sensitive documents, including its top-secret "Plan of Record" will fall into the wrong hands.
"Because disclosure of the information contained in the Plan of Record could result in substantial losses and a major competitive setback for the company, the Plan of Record is not permitted to leave DaimlerChrysler's headquarters," said Deborah Morrissett, DaimlerChrysler's vice president of regulatory affairs.
GM turned over 1.5 million pages of records, most labeled highly confidential, said Alan Weverstad, executive director of environmental and energy staff at GM. The documents include "detailed engineering and financial assessments of the potential costs and fuel economy changes that could be achieved by dozens of different technologies in specific vehicle models."
Ford Motor Co. turned over 800,000 pages of material, said Ford attorney Mark Edie, including fuel economy technologies Ford may use on future models and other information.
Toyota reviewed 500,000 pages of material in response to a subpoena from Vermont and turned over 1,600 pages of secret information. Some is "so sensitive that only one or two people within all of Toyota's North American operations have access to it," said Toyota attorney Elizabeth Gibson.
Richard Friedman, a University of Michigan law professor, said courts must find that a trade secret is relevant to the case in order to close the court. "Courts are very reluctant to lock the courtroom doors to the public," Friedman said, noting that -- unlike in criminal cases -- there is no constitutional right to attend civil trials.