New Mexico Car Dealers Sue Over State's New 'Clean Car' Law

The dealers contend the tougher vehicle emissions standards for greenhouse gases conflict with the federal Clean Air Act.

Published: 30-Dec-2007

ALBUQUERQUE—Three car dealerships have sued the state Environment Department and other agencies, seeking to overturn New Mexico's "Clean Car" regulations before they go into effect.
Zangara Dodge Inc. of Albuquerque, Auge Sales and Service Inc. of Belen and Phil Carrell Chevrolet-Buick Inc. of Carlsbad, in a 20-page lawsuit filed Thursday in federal court, seek to block enforcement of the regulations, which would apply to the 2011 model year.

The dealers contend the tougher vehicle emissions standards for greenhouse gases conflict with the federal Clean Air Act and are pre-empted by federal law because they would "supplant and conflict with federal law and regulations governing the fuel economy of new motor vehicles."

The New Mexico Environmental Improvement Board and the Albuquerque-Bernalillo County Air Quality Control Board adopted the strict standards Nov. 27, following the lead of California. Those two agencies, state Environment Secretary Ron Curry and Albuquerque Environmental Health Department Director Alfredo Santistevan also are named as defendants in the lawsuit.

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