Another perspective countering the one that says it was a political move by the Attorney General currently running for another office.
An excerpt.
Should state haul big oil and auto giants to court?
By Stuart Leavenworth - Published 12:00 am PDT Sunday, October 1, 2006
Ten years ago, when Arnold Schwarzenegger was enhancing his movie career with "Jingle All the Way," his future environmental adviser Terry Tamminen was working as a pool-cleaning expert, water cop and would-be Bard of the Bay.
As Santa Monica Baykeeper, Tamminen spent his days tooling around in his boat harassing litterbugs. He also was promoting copies of his book, "The Ultimate Pool Maintenance Manual," while playing the role of Shakespeare in a children's play he wrote.
His life has since taken several dramatic turns. Tamminen became director of a leading environmental foundation, and he and Schwarzenegger bonded during the actor's successful run for governor during the 2003 recall election. The two then produced an environmental platform that surprised skeptics.
Over the objections of some Republican advisers, Schwarzenegger appointed Tamminen as secretary of the California Environmental Protection Agency. Then he became the governor's cabinet secretary, and later, a special adviser, before he left the state payroll in August.
Now Tamminen is about to launch a new crusade, one that few would expect from a close adviser to a Hummer-driving governor. In a few weeks, bookstores will begin stocking copies of "Lives Per Gallon," a book by Tamminen that examines America's petroleum addiction and launches a blistering attack on the practices of the world's oil and automobile industries.
In the 250-page book, Tamminen argues these companies are perpetrating frauds similar to the tobacco industry by employing hired-gun experts and front groups to fight regulation and sidestep the health and environmental costs they impose on society. These two industries, he argues, are deserving of the same forceful litigation and taxation that has successfully reduced smoking rates in the past decade.
The timing of "Lives Per Gallon" could give the book a wide readership and make it an issue in the governor's campaign. Don't be surprised if Schwarzenegger's opponent, Treasurer Phil Angelides, starts waving "Lives Per Gallon" in the governor's face and pressuring him to endorse Proposition 87, a proposed severance tax on California oil production that Tamminen supports.
"Lives Per Gallon" also will give cover to California Attorney General Bill Lockyer, who last month filed a lawsuit against major automobile manufacturers. Lockyer alleges that auto industry products are contributing to air pollution and global warming, and therefore they constitute a public nuisance.
Some quickly dismissed the suit as a publicity stunt with no legal foundation. The Los Angeles Times editorial page called it a "silly legal battle" that tries to hold "law-abiding companies liable for the government's past failures" to regulate emissions.
Tamminen strongly disagrees. In his book, he notes that the lead paint industry and other companies have been successfully sued for nuisance even though they were obeying the law. In nuisance cases, a plaintiff does not need to prove that an activity is illegal, only that the harm it poses to the public outweighs any benefits.
