CCA Appeals Lawsuit Dismissals

Related Stories Proposition 65 lawsuit against California engine, truck makers is thrown out. (Note: To return to this story, click the "Back" button on your browser.)

The Corporation for Clean Air renewed its fight to get warning labels about diesel emissions on trucks by appealing the dismissals of its lawsuits against California truck manufacturers and motor carriers.

CCA, an environmental group based in San Rafael, Calif., the California Attorney General and the Natural Resources Defense Council filed lawsuits early last year against truck makers and trucking companies, claiming that diesel exhaust creates an increased risk of cancer to the public. They argued that under a California law, known popularly as Proposition 65, the companies are required to alert the public of these health risks by posting signs on trucks and establishing awareness campaigns.

The manufacturers involved in the lawsuit include General Motors Corp., Mercedes-Benz, Isuzu Motors, Chrysler Corp., Ford Motor Co., Frieghtliner Corp., Mack Trucks, Mitsubishi Fuso Trucks and Navistar International Transportation Corp. The other lawsuit named the trucking fleets of grocery store chains Vons, Ralphs, Lucky Stores, and Stater Bros.

Judge David Garcia of California Superior Court in San Francisco dismissed the case against the manufacturers last August, ruling that the plaintiffs did not show that the diesel exhaust from the truck makers’ engines created a significant health risk (TT, 8-24-98, p. 1). The case involving the motor carriers was dismissed soon after.

David C. Winton, the attorney representing CCA in both lawsuits, said the groups are appealing the decision on the basis that the judge was mistaken when he dismissed the suits.

"The questions on appeal are essentially legal questions, as they always are on appeal, and they go primarily to issues of statutory interpretation," he said. "The Court of Appeal is not going to decide that GM has to put warning labels on all its vehicles. All the Court of Appeal can really do here is decide that the trial court erred in granting summary judgment and this case has to go to trial."

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