States Free To Adopt California's Stringent Tailpipe Emissions Laws

POLICY IN THE MAKINGStates Free To Adopt California's Stringent Tailpipe Emissions LawsBURLINGTON, VT (Sept. 14, 2007) - The U.S. District Court of Vermont have ruled in favor of the State of Vermont and environmental groups in the case of Green Mountain Plymouth Dodge Jeep v. Crombie (George Crombie is the Secretary of the Vermont Agency of Natural Resources). This major decision means that states are free to adopt California's more stringent tailpipe laws that control greenhouse gases from cars.  Vermont had adopted a regulation that is identical to California's. Under the Clean Air Act, California may set more stringent limits than the federal government on automobile tailpipe emissions and other states may adopt California's more stringent standards. The decision was challenged in a case filed in federal court by automakers General Motors and Daimler Chrysler, along with the Alliance of Automobile Manufacturers against the state of Vermont. (George Crombie is the Secretary of the Vermont Agency of Natural Resources).  The cases sought to strike down Vermont's state regulation of greenhouse gases from automobiles. The automakers contended that the state law is preempted by the federal fuel economy law and that it is impossible to regulate carbon dioxide from motor vehicles without regulating fuel economy, which only the federal government can do.  Judge William K. Sessions, Chief Judge U.S. District Court, issued a 244-page opinion in which he outlined his considerations, which included:  * In Massachusetts v. EPA, the Supreme Court recognized for the first time the phenomenon of global warming and its potentially catastrophic effects upon our environment and concluded that EPA has the authority to monitor and regulate such emissions under Section 202 of the federal Clean Air Act (CAA).  * This authority derives from EPA's responsibility to protect the public health and welfare, a responsibility it shares with each of the states. * Section 209(b) of the CAA permits California to adopt its own emissions standards, and EPA to grant waivers from preemption under the CAA's Section 209(a). "The Court is therefore presented with a provision adopted by the states of California and Vermont, and approved by EPA," Judge Sessions wrote in his ruling. He added, "On this issue, the automotive industry bears the burden of proving the [state] regulations are beyond their ability to meet." He concluded that the automakers had failed to do so, and therefore granted judgment against the automakers claims that the state law is preempted by federal foreign policy. A full transcript of the ruling is available here.(Source: U.S.District Court of Vermont)