Kneecapping California's Emission Rules

Source: Washington Post

Guess who's trying to kill the Golden State's emissions standards.

THERE IS a bald attempt in Congress to short-circuit California's effort to regulate tailpipe emissions -- with Democrats leading the charge. A bill from the chairman of the House energy and air quality subcommittee, Rep. Rick Boucher (D-Va. -- or is that D-Big Coal?), would halt recent moves by states to limit the emission of greenhouse gases that cause climate change. He insists, "This is not an attack on California." Color us unconvinced.

The Supreme Court ruled in April that the Environmental Protection Agency has the authority to regulate greenhouse gases. Meanwhile, California has asked the EPA to do something it has done more than 40 times over the past 30 years: waive the agency's emissions rules to allow the state's more stringent regulations to take effect. That would mean a 30 percent reduction in greenhouse gases from car and light truck tailpipes by 2016, starting with the 2009 model year. Eleven other states have signed on to California's bold new standards. The only thing standing in the way is the EPA. Gov. Arnold Schwarzenegger (R) asked for the waiver in December 2005; he has threatened to sue if it is not granted within six months.

Governors from eight U.S. states on Thursday protested to Congress about possible legislation that they claim will limit their efforts to cut automobile and small-truck emissions.

If passed as written in draft form, the legislation would wipe out California's landmark effort to cut auto and light-truck greenhouse gas emissions by as much as 30 percent by 2030.

California and seven other states are fighting a proposal by Rep. Rick Boucher, a Democrat from coal-producing southwest Virginia, that would prevent the U.S. Environmental Protection Agency from allowing California to receive a waiver from federal rules so it could implement more stringent state requirements.

Eleven states have adopted requirements that match California's and six others are considering it, said BreAnda Northcutt, spokeswoman for the California Environmental Protection Agency.

If the EPA grants California's waiver, the other states would be free to implement similar emissions-cutting standards.

Seven states say they want to follow California in requiring that cars and light trucks reduce climate-changing greenhouse gas emissions -- primarily carbon dioxide -- by 18 percent by 2020.

"We urge you to pursue legislation that instead enhances and complements the efforts already under way in our states," the eight governors said in a joint letter to Boucher.

"This bill," the governors said, "will preempt California's passenger vehicles and light duty truck emission standards."

The eight states signing the letter were California, New York, Pennsylvania, Massachusetts, Washington, Arizona, Oregon, and New Mexico.

The governors said the bill would deny not only states' rights to adopt California's vehicle emissions standards, a right granted by the federal Clean Air Act, but would also eliminate the EPA's regulatory authority over greenhouse gases as a pollutant.

"This amounts to an about-face reversal of the Supreme Court decision identifying CO2 as a pollutant within the scope of the Clean Air Act," they said.