February 11, 2009 3:41 PM

Congress To Probe Denial Of Emissions Law

(CBS/AP)  Congressional Democrats on Thursday announced an investigation of the Environmental Protection Agency's refusal to let California implement its tailpipe emissions law, the first step in what will likely be a fierce legal and political battle.

House Oversight and Government Reform Committee Chairman Henry Waxman, D-Calif., sent a letter to EPA Administrator Stephen L. Johnson demanding "all documents relating to the California waiver request, other than those that are available on the public record."

Waxman told Johnson to have EPA staff preserve all records. The decision against California "appears to have ignored the evidence before the agency and the requirements of the Clean Air Act," Waxman wrote. He asked for all the relevant documents by Jan. 23.

Johnson on Wednesday denied his decision was political, saying it was based on legal analysis of the Clean Air Act. His refusal blocks California and at least 16 other states that wanted to adopt California's law slashing greenhouse gas emissions from new cars and trucks by a third.

President Bush stood by the decision of his EPA administrator.

"The question is how to have an effective strategy. Is it more effective to let each state make a decision as to how to proceed in curbing greenhouse gases or is it more effective to have a national strategy," Bush said at a news conference Thursday.

Johnson said California's emissions limits weren't needed because Congress just passed energy legislation raising fuel economy standards nationwide.

"The director in assessing this law and assessing what would be more effective for the country said we now have a national plan," said Bush. "It's one of the benefits of Congress passing this legislation."

Johnson's long-awaited announcement provoked applause from the auto industry, but an outcry of protest from environmentalists, congressional Democrats and officials in California and other affected states. Gov. Arnold Schwarzenegger immediately announced plans to fight EPA's decision.

"It is completely absurd to assert that California does not have a compelling need to fight global warming by curbing greenhouse gas emissions from cars," California Attorney General Jerry Brown said. "There is absolutely no legal justification for the Bush administration to deny this request - Gov. Schwarzenegger and I are preparing to sue at the earliest possible moment."

California's regulations would have required a 30-percent cut in greenhouse gas emissions in new cars and light trucks by 2016 - with the first cutbacks starting in 2009, reports CBS News correspondent Sandra Hughes. The federal government regulations will require automakers to achieve an industry-wide standard of 35 miles per gallon by 2020.

Under the Clean Air Act, the state needed a federal waiver to implement the rules, and other states could then adopt them too.

Johnson said a better approach was new energy legislation requiring automakers to achieve an industrywide average fuel efficiency for cars, SUVs and small trucks of 35 miles per gallon by 2020. He said California's law would have yielded a 33.8 mpg standard, but California Air Resources Board chair Mary Nichols disputed that, saying the California regulations would have resulted in a 36.8 miles per gallon average and would have taken effect sooner than the federal standards.

The auto regulations were to have been a major part of California's first-in-the-nation global warming law which aims to reduce greenhouse gases economy-wide by 25 percent - to 1990 levels - by 2020. The auto emission reductions would have accounted for about 17 percent of the state's proposed reductions.

Nichols said California expects to win on appeal and does not plan to shift its strategy on meeting greenhouse gas reduction goals.

Twelve other states - Connecticut, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington - have adopted the California emissions standards, and the governors of Arizona, Colorado, Florida and Utah have said they also plan to adopt them. The rules were also under consideration in Iowa.

It was the first time EPA had completely denied California a Clean Air Act waiver request, after granting more than 50.


© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 96 Comments
by m_starknight December 23, 2007 5:19 PM EST
Follow the money.
Everytime a new law in the name of the enviornment is enacted, the product for it becomes more expensive.

Which means,

Those state with sales tax get more revenue.

Which says to me,

The only thing the states want is more money... Besides, if the Government were actually serious about the "global warming" scam then I wouldn''t have to pay any taxes for my fifteen acres of trees, in fact the government should be paying to keep my trees.

SK
Reply to this comment
by Hominatrix53 December 23, 2007 11:33 AM EST
California can''''t even prove what they are trying to regulate is harmful while they ignore known dangers to public health that make me and my children sick. The auto Industry should capitulate to California''''s request for higher standards then refuse to sale vehicles to the state. Lets see how long it takes for the state to go bankrupt when people can''''t get to work. Or work because of the lack of proper tools. It is my sincerest wish that the auto industry ban togethewr and bring my state to its knees.


cbscrash07 : Are you aware that the atmosphere of Venus is 96% CO2? Do you know that the temperature there is 480 degrees Centrigrade - about 900 F? CO2 is great in moderation, but when there is too much of it, it causes the atmosphere to warm. Schwarzenegger is the most intelligent Republican in this country because he understands the importance of slowing down global warming. The Bush administration''s attempts to sabotage him is a disgrace.
Reply to this comment
by seafang December 21, 2007 10:32 PM EST
Sorry donbl1, but under Arnold Schwarzenkennedy''s girlie man leadership, the State of California has risen from the 5th largest GDP in the world (ahead of France) to where we now are 8th in the world, and will soon be out of the top ten if that second rate actor doesn''t get all his liberal democrat friends out of the way of the State''s business. Now if we charge an export fee for every California emigrant, who leaves the State for a more sane environment, as well as an entrance fee for every illegal invader lured into the State by the liberal bribe machine in Sacramento, Los angeles, and San Francisco; then maybe our economy can catch up with the French again.
Reply to this comment
by donbl1 December 21, 2007 9:59 PM EST
My suspicion:

The more stringent California proposal would have given Toyota and Honda an advantage in California (the 5th largest GDP in the world).

Reply to this comment
by jowand December 21, 2007 7:53 PM EST
Don''t worry about a thing Global Cooling is here

http://www.washingtontimes.com/apps/pbcs.dll/article?AID=/20071219/COMMENTARY/10575140
Reply to this comment
by Syndicate December 21, 2007 5:13 PM EST
California can''t even prove what they are trying to regulate is harmful while they ignore known dangers to public health that make me and my children sick. The auto Industry should capitulate to California''s request for higher standards then refuse to sale vehicles to the state. Lets see how long it takes for the state to go bankrupt when people can''t get to work. Or work because of the lack of proper tools. It is my sincerest wish that the auto industry ban togethewr and bring my state to its knees.
Reply to this comment
by toolmangler-2009 December 21, 2007 1:37 PM EST
Don''t get me wrong. I like Arnold, But not in politics.
Reply to this comment
by toolmangler-2009 December 21, 2007 1:36 PM EST
We have already had one ''B'' actor as President and he was home grown, We don''t need any more, especially from another country.
Reply to this comment
by toolmangler-2009 December 21, 2007 1:33 PM EST
I applaud the GovInator for aggressively suing over this matter. He''''s the best Republican in the country.
Posted by degress12 at 08:03 AM : Dec 21, 2007



This is praise worthy but pointless, I see it as a ''ploy'' by the Govinator and shrub to position ''Ahnold'' for a congressional vote to remove the restriction of ''naturalized citizens'' from being President (POTUS).
Reply to this comment
by mcvet December 21, 2007 12:32 PM EST
How many times have we heard congress say they were going to "investigate", "hold hearings","form a committee" --- and that''''s the extent of it.


--------------------------------------------------------------------------------

Posted by oleander8 at 07:17 AM : Dec 21, 2007
+ report abuse

Oh I think Congress is doing quite well at going after the most corrupt Administration in our history... there is just so much it''s hard to see the progress. The question we American''s should be asking is what the He11 were the Fascist who claim to be Republican''s doing? ALL the MAJOR criminal activity was taking place right under the nose of Mitch McConnell and the rest of the fascist.
Reply to this comment
See all 96 Comments
.
Scroll Left
Scroll Right More »
CBS News on Facebook