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    California Denied Bid For Stricter Emissions, Schwarzenegger Will Be Back

    What do you get for the auto industry that just sucked up a new fuel economy bill? A book? Maybe some nice chocolates? If you're President Bush why not deny California's bid to impose stricter auto emissions, thereby discouraging other states from doing the same? As we mentioned in our guide to emissions laws, states have to apply for waivers if they want laws different from the federal statutes. Automakers are pleased as punch regarding the decision, while the Californian Gov and environmentalists are a little peeved (and ready to sue). Full press release from the Governator below the jump.

    Gov. Schwarzenegger Issues Statement after U.S. EPA Rejects California's Tailpipe Emissions Waiver Request

    Governor Schwarzenegger today issued the following statement after the U.S.
    Environmental Protection Agency (USEPA), after nearly two years of delay,
    rejected California's request to regulate tailpipe emissions from passenger
    cars and light trucks. Over the past year, the Governor has lobbied the
    federal government, meeting and sending letters to both President Bush and
    USEPA Administrator Johnson. Last month, the Governor announced
    California's lawsuit against the agency for failing to act. Today, he
    vowed to appeal the decision and pursue every legal opportunity to obtain
    the waiver.

    "While the federal energy bill is a good step toward reducing dependence on
    foreign oil, the President's approval of it does not constitute grounds for
    denying our waiver. The energy bill does not reflect a vision, beyond
    2020, to address climate change, while California's vehicle greenhouse gas
    standards are part of a carefully designed, comprehensive program to fight
    climate change through 2050," said Governor Schwarzenegger.

    "California has a long and proud history of leadership in reducing pollution
    and fighting for clean air. Our citizens place a high priority on good
    health and a clean environment, and we are ready to implement the nation's
    cleanest standards for vehicle emissions. It has been nearly two years
    since we requested the waiver and, now, sixteen other states are following
    our lead to reduce our dependence on foreign oil, increase fuel efficiency
    and help reduce harmful greenhouse gases. A ruling from the U.S. Supreme
    Court earlier this year made it clear that the USEPA has the authority to
    limit greenhouse gas emissions from motor vehicles.

    "It is disappointing that the federal government is standing in our way and
    ignoring the will of tens of millions of people across the nation. We will
    continue to fight this battle. California sued to compel the agency to act
    on our waiver, and now we will sue to overturn today's decision and allow
    Californians to protect our environment."

    Under the Federal Clean Air Act, California has the right to set its own
    tougher-than-federal vehicle emission standards, as long as it obtains a
    waiver from USEPA. Over the past 30 years the USEPA has granted California
    more than 40 such waivers, denying none.

    The original request for a waiver of federal preemption of California's
    Motor Vehicle Greenhouse Gas Emissions Standards was made by the California
    Air Resources Board (ARB) on December 21, 2005. The waiver, allowing
    California to enact and enforce emissions standards to reduce greenhouse gas
    emissions from automobiles, was requested after the Air Resources Board
    developed regulations based on a 2002 California law, AB 1493 by
    Assemblymember Fran Pavley.

    That law required California to establish new standards for motor vehicle
    greenhouse gas emissions beginning in model year 2009. The ARB-adopted
    regulations will phase in and ramp up over eight years to cut global warming
    emissions from new vehicles by nearly 30 percent by model year 2016.

    by implementing these standards, California would be eliminating greenhouse
    gases equivalent to taking 6.5 million cars off the road by the year 2020.
    If all the other states with similar plans follow through, that figure would
    grow to nearly 22 million vehicles and would cut gasoline consumption by an
    estimated 11 billion gallons a year.

    In letters sent on April
    10, 2006 and

    October 24, 2006 to President Bush, the Governor reiterated the urgency of
    approving California's request to address global warming. On
    April 25, 2007, 16 months
    after the original waiver request, Governor Schwarzenegger sent a letter to
    Administrator Johnson informing him of California's intent to sue after 180
    days under the Clean Air Act and Administrative Procedure Act, which
    provides mechanisms for compelling delayed agency action.

    California's request has been supported by recent judicial decisions. In
    September, a court decision in Vermont confirmed that states do have the
    ability to adopt California's motor vehicle greenhouse gas emissions
    standards. Sixteen states, comprising about 45 percent of all U.S. auto
    sales have adopted, or are in the process of adopting, California's
    standards.

    In the Vermont case, the judge dismissed the argument by automobile
    manufacturers that they could not comply with the California-based
    regulation because the technology was out of reach and that it would cost
    too much. The Vermont decision came on the heels of a U.S. Supreme Court
    ruling last April saying the U.S. EPA has the authority to regulate
    greenhouse gases.

    States that have adopted, or are in the process of adopting, California's
    strict automobile emissions standards are: Arizona, Colorado, Connecticut,
    Florida, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York,
    Oregon, Pennsylvania, Rhode Island, Utah, Vermont and Washington.
    [Sources: CA Governor's Office, NY Times]


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