California sues EPA after greenhouse gas plan is rejected
San Jose Mercury News, 1/3/08
The state of California has sued the Environmental Protection Agency (EPA) for the authority to implement its sweeping vehicle emissions law to reduce greenhouse gases in the state. The widely-expected move comes just a few weeks after the federal agency rejected California’s request for a waiver to implement its own emissions standards.
Under the Clean Air Act, California has the unique status to enact air quality laws that are tougher than national standards, if the EPA approves. More than a year ago, the state passed a new law that would force automobile manufacturers to reduced greenhouse gas emissions from their vehicles by 25 percent starting in 2009 (18 percent for SUV’s).
In rejecting the state’s waiver, the EPA argued that Congress’ recent adoption of a new federal fuel efficiency standard was stronger in reducing greenhouse gas emissions. “We now have a more beneficial national approach to a national problem, which establishes an aggressive standard for all 50 states," said EPA spokesman Jonathan Shrader.
However, Mary Nichols, chairman of the California Air Resources Board, countered that California’s rules are "earlier, faster and more aggressive" in reducing emissions than provisions in the energy bill. She specifically noted that the state law – which goes beyond fuel efficiency – would result in a 44 mpg standard by 2020 as opposed to 35 mpg as mandated by the federal law. Furthermore, she noted that unlike the federal standard, California’s law would implement interim steps before 2020, allowing for more immediate reductions.
The battle underscores the presence of deep divisions on how to best address greenhouse gas emissions. While California has a strong track record of being granted waivers, experts note that previous cases dealt with specific problems in California and not a larger issue such as global warming.
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