U.S. EPA Stalls Clean Car Standards for States
Late in December 2007 U.S. EPA denied California the waiver it needs to implement the tailpipe emissions standards it adopted in 2002, blocking other states’ efforts to combat global warming in the process.
Under the U.S. Clean Air Act, California has the right to adopt anti-pollution standards more stringent than those of the federal government with a waiver from the Environmental Protection Agency (and other states may opt into California’s standards). In 2002 California passed legislation, known as the Pavley tailpipe emissions standards, that would significantly reduce global warming pollution from new cars and light duty trucks, starting with model year 2009. Since then, Oregon, along with Arizona, Connecticut, Illinois, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Pennsylvania, Rhode Island, Vermont and Washington have also adopted these clean car standards – representing nearly 40% of the new car market – and several other states have formally declared their intention to follow suit including Colorado, Florida and Utah.
At the end of 2005 – nearly 2 years ago – California applied for a waiver from the EPA. However, despite the increasing imperative to reduce global warming pollution from vehicles, EPA has refused to grant California its waiver, thus blocking not only California, but also the other states, from implementing the standards. In April 2007, in the case Massachusetts v. EPA, the Supreme Court ruled that greenhouse gases qualify as pollutants under the Clean Air Act and therefore that EPA has the authority to regulate those emissions. Because this federal agency has failed to enact any limitations on vehicle emissions to date, the importance of implementing these state-based clean car standards is even more imperative in the fight against global warming. In Oregon alone, the standards are expected to result in lowering emissions from new vehicles in the state by an average of 30 percent by 2016.
Following the spring Supreme Court ruling, California announced its intent to sue EPA over undue delay in granting the waiver; on November 9th, California filed its lawsuit, joined by the 14 other states. Earlier in the spring EPA committed to making a decision on California’s waiver by the end of the 2007 although there is some doubt as to the actual outcome. The timing of EPA’s decision was critical since the standards are slated to go into effect in 2009 and automakers, who oppose the standards, start marketing for that model year as early as January 2008.
After EPA’s denial of its waiver, California filed a lawsuit in early January with the Ninth Circuit Court of Appeals to reverse the agency’s decision. Since that time, California has been joined by 17 other states, including Oregon. Several national environmental organizations have intervened in the case, including Environmental Defense and Sierra Club. OEC and other members of the Clean Cars for Oregon Coalition plan to fight EPA’s decision and secure Oregon’s ability to reduce its own global warming pollution.
