Lawsuit On Gas Emissions Tossed - Will California Get to Regulate Their Own Air?

by David Dayen [courtesy of Calitics - Front Page]

A big step forward in the opportunity to finally regulate the air we breathe and the emissions we create in California.  Today a US District Court judge threw out a lawsuit by the automakers that challenged the state's ability to regulate greenhouse gases.

Automakers sued the state over the tailpipe standards it approved in 2004, which would force automakers to build cars and light trucks that produce about 30 percent fewer greenhouse gases by 2016 [...]

In its lawsuit against the state, the auto industry argued that California did not have the authority to set its own standards because it would force manufacturers to produce vehicles using too many different fuel efficiency standards.

But Ishii rejected that claim, saying Congress gave California and the EPA the authority to regulate vehicle emissions, even if those rules are more strict than those imposed by the federal government.

This is a big victory.  However, the state still needs a waiver from the EPA to allow it to implement the tailpipe emissions law.  So far the EPA has dragged its feet, and the state sued them back in November.  There is now a voluminous amount of case law arguing in favor of the EPA granting the waiver, so they almost can't deny the state at this point.  But the biggest impediment to this now is the Bush Administration trying to subvert their authority through changes in the latest federal energy bill.

The White House has raised last-minute concerns over regulation of automobile emissions and fuel economy that aides said could lead to a presidential veto of the energy bill now before Congress.

The bill, which passed the House and is now pending in the Senate, requires auto makers to meet a fleet average of 35 miles per gallon by 2020, but does not specify which government agency should enforce the new rule.

Primary regulation of mileage standards has historically fallen to the National Highway Traffic Safety Administration, an arm of the Transportation Department. But vehicle tailpipe emissions are regulated by the Environmental Protection Agency, and a Supreme Court ruling earlier this year affirmed the E.P.A.'s authority to regulate emissions of the greenhouse gas carbon dioxide from passenger vehicles, which basically would mean regulating their fuel use.

The White House, echoing a position taken by auto manufacturers and a coalition of industry groups, is asking that the energy legislation be changed to specify the highway safety administration as the primary enforcer of fuel efficiency standards, with the E.P.A. in only an advisory role. Democratic leaders in Congress rejected that position as a "nonstarter" and indicated their intent to move the bill with the current language intact.

If the EPA is stripped of their authority to enforce mileage standards and regulating emissions, California (and the other states who want to copy their law) would essentially have to restart the process, and may not be able to be granted the waiver.  I'm confident that Nancy Pelosi would do nothing to subvert the state's ability to regulate emissions, but Congress must hold firm.  This is a dirty trick designed to undermine current law and forestall any meaningful action on climate change.