Court tosses out planned fuel economy standards for light trucks, minivans, SUVs

SAN FRANCISCO — A federal appeals court on Thursday threw out planned federal fuel economy standards for many sport-utility vehicles, minivans and pickup trucks, ruling that the Bush administration failed to address why those so-called "light trucks" are allowed to pollute more than cars.

The 9th Circuit U.S. Court of Appeals also ruled that the standards, which were to go into effect next year, didn't properly assess the risk to the environment and failed to include heavier trucks.

"The ruling does two potentially very big things," said Brian Nowicki of the Center for Biological Diversity, which led the assault on the new fuel standards. "It finds that the administration must consider the environmental impacts and it rejects the long-standing and ridiculous exemption that SUVs, pickups and minivans enjoyed."

Department of Justice officials didn't immediately return a telephone call for comment.

Former Transportation Secretary Norman Mineta announced the new rules amid fanfare in March 2006 in Baltimore's football stadium, proclaiming that they were "most ambitious fuel economy goals" yet for SUVs. Mineta called the plan "pragmatic," saying it balanced fuel conservation with auto industry jobs and costs in mind.

The standards required most passenger trucks to boost fuel economy to at least 23.5 miles per gallon from 22.2 miles per gallon by 2010. Passenger cars are required to meet a 27.5 mile per gallon average.

The court ordered the administration to examine why it continues to consider light trucks differently than cars. A distinction between cars and light trucks was made decades ago when most trucks were used for commercial purposes.

The National Highway Traffic Safety Administration had argued it considered the intent of the manufacturer in making light trucks, rather than their actual highway use, in developing the new fuel standards.

"But this overlooks the fact that many light trucks today are manufactured primarily for transporting passengers," Judge Betty Fletcher wrote for the three-judge panel.

Eleven states and two major cities joined four environmental groups in the lawsuit filed last year.

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Associated Press writer Ken Thomas in Washington contributed to this story.