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California to U.S. EPA: We'll See You In Court!

by Andrew Posner, Rhode Island, USA on 01. 2.08
Cars & Transportation

californiawelcomesign1.jpg

As promised, "California sued the U.S. Environmental Protection Agency on Wednesday for denying its first-in-the-nation greenhouse gas limits on cars, trucks and SUVs." At least fifteen states will support California in the lawsuit, "including 13 of those that have either adopted or are in the process of adopting the rules." As Jeremy Elton pointed out in his December 20 post, all told, these states represent roughly half of the U.S. population, "flying in the face of [EPA Administrator Stephen L. Johnson's] 'patchwork of state rules' argument" in defense of his decision to deny the waiver.

California Attorney General Jerry Brown explained to the AP the reasoning behind the lawsuit thusly: "there's absolutely no justification for the administrator's action. . ."It's illegal. It's unconscionable and a gross dereliction of duty." He's not the only one concerned about the legality of the EPA's decision. According to Wired Science, "the House Oversight and Government Reform Committee, chaired by California democrat Henry Waxman. . .has launched an investigation" into why Administrator Johnson apparently ignored the recommendations of his own advisors.

It is well known that "automakers lobbied the White House for months before Johnson's decision, and met privately with Vice President Dick Cheney to discuss California's law," but many are optimistic that the EPA's decision will be overturned, either by the courts or after an internal review. This is especially likely given the House investigation into the matter, the EPA vs. Mass Supreme Court, and California Federal Court, cases last year, as well as the sheer force of public support for efficiency measures.

If overturned, the California rule could "signal the end of the Bush administration's resistance to public demands for stronger climate change policies," and force automakers to build vehicles that exceed the recently raised CAFE standard. Regardless of the outcome, the public outcry, as well as the strong responses by 15 states and Congress, bode well for future climate policy, and virtually guarantee that the EPA's attempt to stymie more aggressive mitigation measures will backfire.

Via: ::Yahoo! Green and ::Wired

See Also: ::Johnson's Nuts, ::EPA Acts For Automakers, and ::Other States to Adopt California's Emissions Standards, Sue Pants Off EPA

Comments (10)

Democrat Attorney General Jerry Brown and Republican Governor Arnold Schwarzenegger are completely together on this.

Good for them. It gives me hope for our democracy and the planet.

jump to top Jon K says:

They should just tax the heck out of high polluting vehicles, or better yet make the tax proportional to the polluting potential of the vehicle.

jump to top Michael Crumpton says:

Oh I can just imagine the witty one liners that are must going through Arnie's mind right about now.

jump to top Cat Laine says:

How sad is it that these states have to show the Feds how things are supposed to be done?

Great, so California state taxes will go up to pay for the states lawyers, and the other 49 states federal taxes will go up to pay for the Federal lawyers. It's a lose lose situation that way.

Is nobody in the state of California capable of thinking of a solution to solve the problem in another manner?

If pollution is inversely related to mpg ratings, couldn't California offer tax breaks to high mpg cars similar to what is done with hybrids?

Raising state gasoline taxes would reduce consumption.

Light rail is pretty popular from my understanding due to otherwise long commutes, so why not push for more light rail?

Not all pollution comes from cars, so push more incentives for solar hot water heaters and solar photovoltaic.

Any and all of the above could be done at a state level.

jump to top JC says:

JC,

There is an easy solution to spending the money on lawyers. The EPA could reverse their wrong decision and everybody goes home.

As for the other stuff -- good ideas. CA does some of them already like big rebates on PV's, and solar water.

But CA and everybody else, like the other 13 states on board with the CA rules needs to do more.

jump to top Jon K [TypeKey Profile Page] says:

Yes: we can expect withdrawl symptoms from our "addiction" - apparently, even from the EPA.

California always seems to lead the rest of the country with great ideas, which, eventually... catches on throughout the country.

Unfortunately, it would take an act of congress to reduce the oil prescription of the heavily addicted State of Texas where my neighbors love $100 oil.

Great job Golden State!!! Californians should be proud.

jump to top Brian says:

Or, why not wait until Jan. '09 when the axis of stupidity leaves the White House and every whore they hired goes back to Texas with them.

jump to top Buceri says:

Go, California! It appears that yes, we the citizens will have to force the federal government to do things that are for the greater good and will benefit our country, its citizens, and the citizens of the world long-term. The federal government (and ours is not the only one) is so fixated on short-term problems that it cannot see that its current policies or lack thereof are literally killing us all. I hope we see more state governments taking more urgent action needed to correct some of our most glaring problems. Citizens, speak up! Let your politicians know what you want!

jump to top Leah says:

I drive my motorcycle to work daily because it gets 50mpg and it saves me money. It is my choice to do that.

Everyone should have the freedom to choose what they want to do! If we don't stop this intrusion on our freedoms we won't have any left.

Also if all you people in California want to be FORCED against your will to drive a motorcycle to work because you cannot pay the excessive emision taxes that will be assesed on you, speak out against this! please!

jump to top Neil says:

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