California Sueing EPA For Delayed Global Warming Waiver

California Sueing EPA For Delayed Global Warming Waiver



November 2007 
 California Governor 
Arnold Schwarzenegger and Attorney General Edmund G. Brown Jr. today sued 
the U.S. Environmental Protection Agency to force the agency to take 
action on California's request to limit greenhouse gas emissions from 
motor vehicles. 
Filed today in Washington, the precedent setting lawsuit charges the 
federal agency with an unreasonable delay in reaching a decision on a 
California law known as the Pavley bill, which mandates a 30 percent 
reduction in motor vehicle emissions by 2016, starting with model year 
2009. 
"California has a long and proud history of leadership in reducing 
pollution and fighting for clean air for our residents. And we are 
upholding that tradition today by filing a lawsuit against the federal 
government that takes a big step forward in the battle against global 
warming," Governor Schwarzenegger told a news conference at the state 
capitol.

"California is ready to implement the nation's cleanest standards for 
vehicle emissions, but we cannot do that until the federal government 
grants a waiver allowing us to enforce those standards," he said. 
"Despite the mounting dangers of global warming, the EPA has delayed and 
ignored California's right to impose stricter environmental standards," 
said Brown. "We have waited two years and the Supreme Court has ruled in 
our favor. What is the EPA waiting for?" 
Under the Clean Air Act pased in 1963, California can adopt environmental 
standards that are stricter than federal rules, if the state obtains a 
waiver from the U.S. EPA. 
Congress allowed California to impose stricter laws in recognition of the 
state's "compelling and extraordinary conditions." 
After a California waiver request is granted, other states are permitted 
to adopt the same rules. Later today, 14 other states are expected to 
support California as interveners in the lawsuit. 
In the Act's 40 year history, the EPA has granted 50 waivers for 
innovations like catalytic converters, exhaust emission standards, and 
leaded gasoline regulations. 
In 2002, California passed AB 1493, the Pavley bill, named for author then 
State Senator Fran Pavley. Forced out of office because of the state's 
term limits law, Pavley is a senior fellow at the Natural Resources 
Defense Council in Santa Monica. She is running again for a seat in the 
California Senate in the 2008 election. 
In December 2005, the California Air Resources Board applied for a waiver 
to implement the law. Governor Schwarzenegger wrote to the EPA in April 
2006 and in October 2006, requesting action on California's application. 
Sixteen other states - Arizona, Colorado, Connecticut, Florida, Maine, 
Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, 
Pennsylvania, Rhode Island, Utah, Vermont, Washington - have adopted, or 
are in the process of adopting, California's emissions standards. 
The EPA has said it needs more time to review the facts. The state claims 
the federal agency has had plenty of time. The California Air Resources 
Board submitted a detailed 251 page assessment in 2005 and the U.S. 
Supreme Court in April issued a decision that greenhouse gases are 
pollutants. 
In September, a Vermont District Court ruled in favor of the state 
regulations, rejecting a challenge from the automobile lobby. 
There are 32 million registered vehicles in California, twice the number 
of any other state. Cars generate 20 percent of all human-made carbon 
dioxide emissions in the United States, and at least 30 percent of such 
emissions in California. 
If California's landmark global warming law - and the corresponding 30 
percent improvement in emissions standards - were adopted nationally, the 
United States could cut annual oil imports by $100 billion dollars, at $50 
per barrel, the state has said. Today's oil prices are much higher, 
fluctuating between $95 and $98 per barrel. 
Last year, Governor Arnold Schwarzenegger signed the Global Warming 
Solutions Act, AB 32, which sets a goal to cut California greenhouse gas 
emissions back to 1990 levels by 2020. To meet this target, state 
officials say California must reduce emissions by 174 million metric tons. 
If California's motor vehicle emissions law is implemented, it will 
account for 17 percent of this reduction target. 
Climate research shows that global warming is having a profound effect on 
California's temperature, weather, air quality, and mountain snowfall. 
Last year Southern California experienced its driest year since 
recordkeeping began 130 years ago. 
California Senator Barbara Boxer said today, "It saddens me that 
California has to take the federal government to court to protect our 
citizens from global warming, but I am with my state every step of the 
way. It is past time for the Bush Administration to get out of the way so 
California can continue its efforts to combat global warming." 

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