November 19, 2007
Gov. Arnold Schwarzenegger made good on his promise to sue the EPA for a decision on granting a waiver of the Clean Air Act that would allow California to implement its vehicle emissions standards for greenhouse gases.
Under the Clean Air Act, states are allowed to implement rules that are stricter than federal controls only if the EPA grants a waiver. California requested the waiver in De-ember 2005 to support AB 1493, a 2002 bill that requires a 30 per-cent reduction in greenhouse gas emissions from automobiles, starting with model year 2009.
The EPA has said it will make a decision by the end of the year, but that is too late for model year 2009 implementation, according to the state.
The state, joined by CARB, actually .led two lawsuits to improve its chance of success. Both demand that the EPA act right away. One, .led Nov. 5 with the U.S. District Court for the District of Columbia, is a complaint for declaratory and injunctive relief, and the other, .led Oct. 29 in the U.S. Court of Appeals in the District of Columbia, is a petition for agency review.
California Attorney General Jerry Brown is taking the case further. In a Nov. 9 letter to Senate Majority Leader Harry Reid and House Speaker Nancy Pelosi, he urged Congress to “clearly and unambiguously” support states’ right to set new vehicle emission standards.
Courtesy of NGVC, www.ngvc.org.