The legal battle pitting General Motors, DaimlerChrysler, three Vermont auto dealers and two automotive groups against the Vermont Agency of Natural Resources and various environmental groups continued today in Burlington, Vermont's U.S. District Court with Judge William Sessions presiding. Under consideration is whether or not Vermont has the right to impose greenhouse gas emissions regulations based on California standards but independent from the federal government. Since the quantity of gasoline burned is directly related to the amount of carbon dioxide released, the case essentially revolves around who – states or the Fed – has authority in determining fuel economy requirements.
Taking the oath this morning was Reginald R. Modlin, Director of Environmental Affairs for DaimlerChrysler. With a background in both law and engineering, Mr. Modlin testified in regard to the feasibility of DaimlerChrysler meeting the proposed emissions legislation that would go into effect in 2009 and eventually require passenger car fleets to average 43.9 miles per gallon and light truck fleets to achieve 26.9 mpg on average by 2016. These numbers are based on California’s policy, adopted by Vermont, that would require a 30-percent reduction in greenhouse gas emissions such as carbon dioxide by 2016. The current Corporate Average Fuel Economy standard for cars is 27.5 mpg and for trucks is 20.7 mpg, but the truck standard will gradually increase to around 24 mpg by 2011.
Highlights of Mr. Modlin’s testimony include:
1) The assertion by the California Air Resources Board that meeting new vehicle emissions will only cost an additional $1,000 per vehicle is invalid. Modlin defined several engineering reasons for this, indicating that CARB underestimates the cost, overestimates the benefits of new technology and does not allow sufficient lead time for developing these technologies. Previous testimony by Alan Weverstad, General Motors' Director of the Environment and Energy department, indicated a cost more along the lines of $5,000 to $6,000 per vehicle.
2) The clause awarding credits for flexible-fuel E85-capable vehicle sales is impossible to administer. E85 (85 percent ethanol/15 percent gasoline) blends are preferable in reducing CO2 output since mile-for-mile studies indicate a slight – approximately five percent – decrease in carbon emissions compared with regular gasoline. Based on Modlin’s testimony, however, it appears that the credits are only valid if the auto manufacturers can prove that consumers are using the ethanol fuel at all times. Not only are there currently no E85 pumps in Vermont, but also there is no way that a car manufacturer can be asked to monitor customers’ behaviors when fueling their vehicles. Modlin emphasized that Chrysler is not in the business of refining or distributing fuel, nor does it guide its consumers in making fuel purchasing decisions.
3) A “cap and trade” emissions regulation system would not be effective in the automotive industry. Also known as “emissions trading,” a cap and trade emissions system establishes a threshold of acceptable pollutant output and then assigns companies allowances up to that threshold of compliancy. Clean companies that produce fewer emissions earn credits, while dirty manufacturers must buy these credits from the clean competition or face penalties established by the regulators. Obviously, staying on the clean side ensures a competitive advantage, and the idea is that this incentive will result in an overall reduction of pollution.
As Modlin pointed out, however, the availability of emissions credits on the market can not be ensured, since clean car companies may decide to save the credits for future use. For example, an automaker’s vehicle lineup could pollute less than what is allowed for a couple years and thus earn credits. But for the next few years as regulations get tougher, maybe the technology would not be available yet to meet the standards. In that case, a company would simply pull from its reserve, without penalty assuming enough credits exist, until a later date when a new wave of technology catches up to the modern standards.
Successful automakers would also be foolish to sell off the credits, especially if transferring those credits to a competitor had the potential to improve – or save - that competitor’s business. But in real life these concerns would actually be irrelevant, as Modlin believes that virtually no automaker would be capable of meeting the emissions regulations of 2016 and thus everyone would be required to buy credits that barely exist.
4) Two scenarios exist that DaimlerChrysler could employ for dealing with the laws should they be upheld. The first is titled “Add Technology” and would require tens of billions of dollars of investment by DaimlerChrysler. By 2016 about 90 percent of the company’s fleet would be either hybrid-electric or diesel powered. However, even with the anticipated technology, Chrysler still would not meet the standards, according to Modlin, and would thus have to limit some vehicle offerings in marketplaces such as California and Vermont.
The second scenario is called “Restrict Product,” meaning that certain vehicles would be excluded from stricter marketplaces. DaimlerChrysler would only be allowed to sell two cars in the state of Vermont in 2016, said Modlin, assuming normal rates of fuel economy improvement. One would be the Smart ForTwo, and the other an unnamed subcompact. But no trucks, no big sedans and no SUVs. This of course is without the huge Add Technology investment outlined in scenario one.
Analysis: Although the case supposedly hinges upon the legality of states determining fuel efficiency, the testimony has concentrated on the practicality of implementing carbon dioxide emissions limits. The reasoning for the legislation is based upon concerns over climate change linked to CO2 levels, but clearly Judge Sessions is being exposed heavily to the business implications of such a mandate.
Source: Reginald R. Modlin testimony, April 12, 2007, U.S. District Court for the District of Vermont
Image: Smart ForTwo at 2007 Detroit Auto Show