NATION : Court Backs Mileage Standards

A federal appeals court ruled today that the government is acting properly in setting auto mileage standards without preparing formal environmental impact statements.

The court, in a 2-1 decision, rejected a series of lawsuits by the state of California, the cities of Los Angeles and New York and several environmental and safety groups challenging the way the National Highway Traffic Safety Administration sets annual standards for the auto industry.

Chief Judge Patricia M. Wald dissented, saying the agency acted arbitrarily when it determined its mileage standards would have no significant impact on global warming.

The traffic agency sets mileage standards that auto makers must achieve as an average for their models each year. The standard was 26 miles per gallon for model years 1987-88 and 26.5 for 1989.

The government entities, the Center for Auto Safety, Public Citizen, the Union of Concerned Scientists and the Natural Resources Defense Council filed suits covering mileage standards for 1987-88. Most of the same plaintiffs joined a suit over the 1989 standards.

The court ruling rejected all of the complaints.