Calif. Sues EPA Over Greenhouse Gas Limits

State Was Denied Right To Set Own Regulations On Cars And Trucks; Other States May Follow

(AP)  California sued the U.S. Environmental Protection Agency on Wednesday for denying its first-in-the-nation greenhouse gas limits on cars, trucks and SUVs, challenging the Bush administration's conclusion that states have no business setting emission standards.

Other states are expected to join the lawsuit, which was anticipated after the EPA on Dec. 19 denied California's request for a waiver, required under the federal Clean Air Act. The lawsuit was filed in the 9th U.S. Circuit Court of Appeals in San Francisco.

EPA Administrator Stephen L. Johnson denied California a waiver that it needs under the federal Clean Air Act to move forward with regulating greenhouse gas emissions from new cars and trucks. At least 16 other states had been expected to follow California's lead and adopt the state's tougher emission limits.

"There's absolutely no justification for the administrator's action," Attorney General Jerry Brown told The Associated Press in an interview Wednesday. "It's illegal. It's unconscionable and a gross dereliction of duty."

In announcing his decision last month, Johnson said the federal government was moving forward with a national solution and dismissed California's arguments that it faced unique threats from climate change.

Johnson said energy legislation signed by President Bush will raise fuel economy standards nationwide to an average of 35 mpg by 2020. He said that was a far more effective approach to reducing greenhouse gases than a patchwork of state regulations.

In an emailed statement, EPA spokesman Jonathan Shradar said the federal Energy Independence and Security Act "is a more beneficial national approach to a national problem, which establishes an aggressive standard for all 50 states - as opposed to a lower standard in California and a patchwork of other states."

California officials contend their 2004 law is tougher than the new national standard. It would have required the auto industry to cut emissions by one-third in new vehicles by 2016 or reach an average of 36.8 mpg.

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.

The governors of Arizona, Colorado, Florida and Utah have said they also plan to adopt them. The rules also are under consideration in Iowa.

"(EPA officials) are ignoring the will of millions of people who want their government to take action in the fight against global warming," Gov. Arnold Schwarzenegger said in a statement. "That's why, at the very first legal opportunity, we're suing to reverse the U.S. EPA's wrong decision."

Fifteen states plan to intervene on California's behalf, including 13 of those that have either adopted or are in the process of adopting the rules. Delaware and Illinois, which have not passed the standards, also are part of the lawsuit.

"Today, there is simply no environmental issue more compelling

or extraordinary - than the increasing threat of climate change," New York Attorney General Andrew Cuomo said in a statement. "Greenhouse gas emission standards for cars are a logical and necessary step to effectively combat global warming."

The EPA's decision was a victory for automakers, which had argued that they would have been forced to reduce their selection of vehicles and raise prices in the states that adopted California's standards.

It was the first time the EPA had fully denied California a waiver under the Clean Air Act since Congress gave the state the right to obtain such waivers in 1967.

Brown said the EPA has attempted to kill a legal, viable policy tailored to help California deal with projected consequences of global climate change. Rising seas could erode the state's coastline and top its levees, while warming temperatures are expected to reduce the Sierra snowpack, leading to a potential water crisis.

"To curb the innovative efforts of California and other states makes no sense," Brown said.

During a news conference announcing the lawsuit, Brown said the EPA's decision appears to have been made after "White House pressure, automobile influence or some other lobbying pressure."

He filed the suit in the San Francisco-based 9th Circuit, which is viewed as more friendly to the state's position than other federal courts. Brown said he expects the Bush administration will seek to have the case transferred to the more conservative federal appeals court based in Washington D.C.

"We understand this is a long fight that may go to the Supreme Court," Brown said. "We feel this is going to be a struggle."

The denial angered members of Congress, including California Democrats who sit on key committees. Sen. Barbara Boxer and Rep. Henry Waxman, who chair the committees that oversee the EPA, said the agency ignored the legal requirements in the Clean Air Act.

Last week, the EPA said it would turn over all documents about its denial of the California waiver request to congressional committees that have promised hearings into the decision. That includes the agency's communications with the White House.

The auto regulations are a major part of California's global warming law, which aims to reduce greenhouse gases statewide by 25 percent - to 1990 levels - by 2020. Auto emissions account for about 17 percent of the state's proposed reductions.

California Air Resources Board chairwoman Mary Nichols said the state expects to obtain its waiver by appeal and does not plan to shift its greenhouse gas-reduction strategy.

[gunownerdan]

EPA = Environmental Pillaging Agency

[infidel_us]

All federal funding should be cut off to California. Car manufacturers and industry are not going to cow-tow to the whimes of the current bedwetting liberal in office in CA.

So do the thought experiment (MCvett excluded b/c I know he is incapable.) Those of you with at least half a brain should be able to reason this one out all on your own.

[toolmangler-2009]

Why should anyone have a problem with a state that wants to set HIGHER standards?
Posted by RowdyTexan2 at 09:17 PM : Jan 02, 2008


The oil/automotive industry is the culprit here, they don''t want to save the environment, that will cut into their profit margin. They have forgotten the first principle of "Enlightend Self-interest"
that Americans voluntarily join together in associations to further the interests of the group and, thereby, to serve their own interests. Using "self-Interest rightly understood" (Tocqueville 1835)

[mcvet]

But when you have ignoramus fools like Jerry Brown, and Schwarzeneger, and Robert F Kennedy inventing their own rules; then you set the stage for chaos.


Posted by Seafang at 08:14 PM : Jan 02, 2008
+ report abuse

LOL You bootlickers will go to any lenght to defend the Incompetence of your Fuhrer won''t you? LOL There are so many holes in your statement I won''t even bother to point them out but I do find you hate target to be interesting. Normally you Nazi''s do not include a Republican in your target. Admittedly he is a REAL Republican and doesn''t wear the Hood and Sheet of the present day Republican but you risk having other REAL Republican''s targeted by some gapped toothed Skin Head. Just trying to help you bootlickers out... like to see you do your best here! LOL Sieg Heil Bush!

[juwboy]

lochlan said:

"Let''s screw the taxpayer the democrat way".

Arnold Scwarzenegger is the REPUBLICAN governor of California and was the driving force behind the proposed legislation.

lochlan, why don''t you spend some time determining a person''s political affiliation instead of wasting ours with your ignorant opinions?

[lochlan-2009]

We''re playing let''s screw the tax payer the democrat way already, huh?

[brianbwb-2009]

Posted by lexluthor5

Texas. They have been trying for decades now.

[formrusmcsgt]

For example how about the 10 hour day. If the state imposes 10 hour workdays and 4 day work weeks then autombile emissions will fall at least 20%.

Posted by cbscrash07 at 08:01 PM : Jan 02, 2008

Only someone with a complete lack of understanding of economics would consider mandating a four hour work week, and all the financial ramifications attendent to that proposal, over requiring manufacturers to produce more efficient products.

[lorinkundert]

Go Arnold Go! Now how about acting on all of the 10th Amendment violations the Federal Government is guilty of.

[rowdytexan2]

Posted by papabc at 02:45 PM : Jan 02, 2008

Oh fer pete''s sakes, Arnie has been a good governor in California.

The EPA is supposed to enforce minimum standards! As long as a state is meeting that, the EPA should butt out. Why should anyone have a problem with a state that wants to set HIGHER standards?

[omega39-2009]

Well the problem is that what California wants to do is set its own auto mileage standards, which is not a State issue, otherwise you wouldn''''t be allowed to drive your car across state lines.
Posted by Seafang

Uhm, you do realize that California did exactly this in the 1970''s, right? Cars were manufactured specifically to meet CA''s mileage and smog standards. People could visit the state and drive their own cars, when they moved here, they would have to bring them up to CA. standards.

[seafang]

Well the problem is that what California wants to do is set its own auto mileage standards, which is not a State issue, otherwise you wouldn''t be allowed to drive your car across state lines.
But they chose to try and control it by limiting green house gas emission, which are not a pollution issue; so therefore none of the business of the EPA. But California doesn''t seem to want to control all the GHG emissions from cars; only the carbon based ones; they have given free rein to water emissions which are by far the biggest GHG emissions from cars, and will be moreso, with the Hydrogen car of the future.
So what California is trying to do is actually outlaw cars. And even with zero automobiles in California, it will make absolutely no difference to the environment as far as GHG effects, because CO2 does NOT cause global warming anyway, and it never has in 3/4 million years of ice core recorded history.
But when you have ignoramus fools like Jerry Brown, and Schwarzeneger, and Robert F Kennedy inventing their own rules; then you set the stage for chaos.

[Syndicate]

downsteamjim: A most excellant point. There are many things California could do instead of suing the EPA. For example how about the 10 hour day. If the state imposes 10 hour workdays and 4 day work weeks then autombile emissions will fall at least 20%. See no need to sue. What about better public transportation? How much co2 could the state get rid of by building better more useful mass transit. I looked into riding the bus to work. It was perfect if I wanted to work three hours a day and spend two hours on a twenty mile trip. How about requiring all new houses offer solar panels as an option. I would have gone for that on my new house but it wasn''t offered. I asked. So you see California is doing this for attention not to get anything done. I wish my state politicians would pull the stick out of there rears. Perhaps a couple lawsuits against the state for not implementing common sense would be more usefull.

[idlepugilist]

And here we all were worshipping President Bush because he was striving to be another "smaller government" Reagan-type. I just don''t see the irony here yet. Let''s all make sure Bush''s smaller-government/bigger-government gets our full support.

[payasyougo]

Border states need to keep your eye on this one.
If California can win the state vs. Fed control issue then control of immigration by states needs to hit the dockets next. Good luck California.

[papabc]

Schwarzenegger was really a Schwarzen-Kennedy in hiding. To bad as we thought he had values other than Teddy''s.

Two Pees and one Pot.

[downsteamjim]

Shouldn''t the EPA be required to deport illegal aliens. There are 10s of millions of them breathing out CO2 every day.

Good for California! The E in EPA stands for Environment, not Economy. thank goodness the states are stepping up to the plate on environmental issues. The only leadership coming from the White House on this is down the terlet.

[excoachken]

Thank you Cali, for waking up the Environmental Procrastination Agency.

[antoniof123]

This proves my point about the new neo con Republican they talk but can''t stop lying. The true Republican wants the States to have the power not the Federal government. Its over and if a junior senator by the name of McCarthy cost the Republican party forty years of being out of power. Well, then a President should cost this bunch 100 years of being out of power.