"Tucked deep into a 417-page 'Notice of Proposed Rulemaking' was language by the Transportation Department stating that more stringent limits on tailpipe emissions embraced by California and 17 other states are 'an obstacle to the accomplishment' of the new federal standards and are 'expressly and impliedly preempted' by federal law."
California and the states that decide to adopt its more stringent laws instead of the US federal ones are mighty angry and feel that this is a direct attack on their ability to keep regulating.
Such language in the law would probably also help automakers who are suing California to try to prevent it from creating stricter regulations regarding fuel economy and greenhouse gas emissions.
The Supreme Court ruled in the Massachusetts vs. EPA case last year that the Transportation Department's authority to set fuel economy standards should not impede other efforts under the Clean Air Act to reduce greenhouse gases. California traditionally has had special authority under the Clean Air Act to set limits on air pollutants that are tougher than federal standards.
Who will prevail in this battle of titanesque bureaucracies? The US federal government? The states' governments? We're not sure, but we suspect that the environment will be hurt by the power struggle. So much wasted time and effort...
::Bush fuel economy rules swipe at California, ::State blasts emissions proposal, ::Bush fuel economy rules swipe at California, ::Pelosi commends Bush on 31.6 mpg by 2015 step
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