federal district courts

The Tailpipe Emissions Shell Game

by David Dayen [courtesy of Calitics - Front Page]

The Bush Administration's Department of Transportation proposal to raise fuel economy rates faster than Congress mandated last fall comes with a catch - obliterating California's proposal to regulate tailpipe emissions.  Think Progress has the relevant passage in the report.

(b) As a state regulation related to fuel economy standards, any state regulation regulating tailpipe

carbon dioxide emissions from automobiles is expressly preempted under 49 U.S.C. 32919.

(c) A state regulation regulating tailpipe carbon dioxide emissions from automobiles, particularly a regulation that is not attribute-based and does not separately regulate passenger cars and light trucks, conflicts with:

1. The fuel economy standards in this Part

2. The judgments made by the agency in establishing those standards, and

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