California Sues EPA For Stonewalling Vehicle Greenhouse Gas Emissions
California Sues EPA For Stonewalling Vehicle Greenhouse Gas Emissions
SACRAMENTO, CA -California Governor Arnold Schwarzenegger and Attorney General Edmund G. Brown Jr. today sued the US Environmental Protection Agency (EPA), to force the agency to take action on California's request to curb greenhouse gas emissions from light-duty motor vehicles. The lawsuit, filed in the United States District Court for the District of Columbia, charges the EPA with an unreasonable delay in reaching a decision on California's landmark law, known as the Pavley bill, which mandates a 30% reduction in motor vehicle emissions by 2016. Fourteen other states have pledged support for California as interveners in the lawsuit.
"Despite the mounting dangers of global warming, the EPA has delayed and ignored California's right to impose stricter environmental standards." said Attorney General Brown. "We have waited two years and the Supreme Court has ruled in our favor. What is the EPA waiting for?"
Under the Clean Air Act, passed in 1963, California can adopt environmental standards that are stricter than federal rules, if the state obtains a waiver from the EPA. Congress allowed California to impose stricter laws in recognition of the state's "compelling and extraordinary conditions." After a California waiver request is granted, other states are permitted to adopt the same rules.
According to the lawsuit, the comments submitted to the EPA overwhelmingly support the greenhouse gas regulation. Of the approximately 98,000 comments referenced in the EPA's docket, more than 99.9% support the GHG Regulation. Only one automaker-General Motors-subject to the GHG regulation directly submitted any opposition to the EPA. Two automaker trade groups submitted opposing comments.
Sixteen other states-Arizona, Colorado, Connecticut, Florida, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Washington-have adopted, or are in the process of adopting California's emissions standards. In at least ten of these states, the regulations apply beginning with the 2009 model-year. They account for more than 40% of the nation's population.
In the Act's 40-year history, EPA has granted approximately 50 waivers for innovations like catalytic converters, exhaust emission standards, and leaded gasoline regulations. In today's lawsuit, California asserts that EPA has failed to act in a reasonable length of time.
In 2002, California passed AB 1493 which require a 30% reduction in global warming emissions from vehicles by 2016, starting with model year 2009. In December 2005, the California Air Resources Board applied for a waiver to implement the law. Governor Schwarzenegger wrote to the EPA in April 2006 and in October 2006, requesting action on California's application.
The state asserts that EPA does not need any additional time to review the facts-the California Air Resources Board submitted a detailed 251-page assessment in 2005 and the US Supreme Court already issued a decision that greenhouse gases are pollutants. In September, a Vermont District Court ruled in favor of the state regulations, rejecting a challenge from the automobile lobby.
(Source: California Attourney General Office)
