California Governor Arnold Schwarzenegger announced yesterday a lawsuit
against the US Environmental Protection Agency (EPA) for failing to act on
California's tailpipe emissions waiver request.
The governor put the federal government on notice six months ago saying such
a lawsuit would be filed if the US EPA continued to delay action on California's
request for authority to regulate greenhouse gas emissions for cars and light
trucks sold in the state.
Fourteen other states are expected to join California's lawsuit later in the
day, according to the governor.
"California has a long and proud history of leadership in reducing pollution
and fighting for clean air for our residents. And we are upholding that
tradition today by filing a lawsuit against the federal government that takes a
big step forward in the battle against global warming," said Schwarzenegger.
"California is ready to implement the nation's cleanest standards for vehicle
emissions, but we cannot do that until the federal government grants a waiver
allowing us to enforce those standards," he said.
"Our air quality, our health and our environment are too important to delay
any longer, and it is not just the people of California who are waiting. Those
states that want to follow our lead cannot do so until federal permission is
granted," said the governor.
Following the filing of California's lawsuit against the US EPA, 14 states
will be announcing that they are joining California as interveners in the
lawsuit. These states include Massachusetts, New York, Arizona, Connecticut,
Illinois, Maine, Maryland, New Jersey, New Mexico, Oregon, Rhode Island,
Vermont, Washington and Pennsylvania.
Under the Federal Clean Air Act, California has the right to set its own
tougher-than-federal vehicle emission standards as long as it obtains a waiver
from the EPA.
The original request for a waiver of federal preemption of California's Motor
Vehicle Greenhouse Gas Emissions Standards was made by the California Air
Resources Board (ARB) on Dec. 21, 2005.The waiver, allowing California to enact
and enforce emissions standards to reduce greenhouse gas emissions from
automobiles, was requested after the ARB developed regulations based on a 2002
California law.
That law required California to establish new standards for motor vehicle
greenhouse gas emissions beginning in model year 2009. The ARB-adopted
regulations will phase in and ramp up over eight years to cut global warming
emissions from new vehicles by nearly 30 percent by model year 2016.
By implementing these standards, California would be eliminating greenhouse
gases equivalent to taking 6.5 million cars off the road by the year 2020. If
all the other states with similar plans follow through, that figure will grow to
nearly 22 million vehicles and will cut gasoline consumption by an estimated 11
billion gallons a year.
Schwarzenegger has urged President George W. Bush to approve California's
request to address global warming.
California's request has been supported by recent judicial decisions. In
September, a court decision in Vermont confirmed that states do have the ability
to adopt California's motor vehicle greenhouse gas emissions standards. Sixteen
states comprising about 45 percent of all US auto sales have adopted, or are in
the process of adopting California's standards.