According to the EPA, what's used on the window sticker or on their website is considered to be purely for guidance, whereas the Cash For Clunkers (i.e. CARS Act) program requires data out to the fourth decimal place. When the 30,000 models the EPA has date for were recalibrated it moved 86 models into eligible category and dq'd 78. The data below:

Newly Ineligible Cars

1 1987 Alfa Romeo GTV
2 1987 Alfa Romeo Milano
3 1987 BMW 5 Series
4 1987 Chevrolet S10 Blazer 2WD
5 1987 Dodge Caravan/Grand Caravan/Ram Van 2WD
6 1987 Dodge Shadow
7 1987 Ford Aerostar Van
8 1987 Ford LTD Crown Victoria
9 1987 Ford LTD Crown Victoria Wagon
10 1987 GMC S15 Jimmy 2WD
11 1987 Lincoln Continental
12 1987 Lincoln Mark VII
13 1987 Lincoln Town Car
14 1987 Mercury Grand Marquis
15 1987 Mercury Grand Marquis Wagon
16 1987 Plymouth Sundance
17 1987 Plymouth Voyager/Grand Voyager 2WD
18 1987 Plymouth Voyager/Grand Voyager 2WD
19 1987 Porsche 944
20 1987 Toyota Truck 4WD
21 1988 Mazda 929
22 1988 Peugeot 505 Sedan
23 1988 Peugeot 505 Sedan
24 1988 Toyota 4Runner 4WD
25 1989 Mazda 929
26 1989 Peugeot 505 Sedan
27 1989 Porsche 911 Carrera
28 1990 Audi 80 Quattro
29 1990 Dodge Caravan/Grand Caravan/Ram Van 2WD
30 1990 Plymouth Voyager/Grand Voyager 2WD
31 1990 Saab 9000
32 1990 Toyota 1-Ton Truck 2WD
33 1990 Toyota Truck 2WD
34 1991 Audi 80 Quattro
35 1991 Dodge Caravan/Grand Caravan 2WD
36 1991 Dodge Ram 50 Pickup 2WD
37 1991 Lexus ES 250
38 1991 Mitsubishi Truck 2WD
39 1991 Plymouth Voyager/Grand Voyager 2WD
40 1991 Toyota Camry
41 1991 Toyota Camry Wagon
42 1992 Acura NSX
43 1992 Dodge Caravan/Grand Caravan 2WD
44 1992 Dodge Ram 50 Pickup 2WD
45 1992 Jeep Cherokee 4WD
46 1992 Jeep Comanche Pickup 4WD
47 1992 Mitsubishi Truck 2WD
48 1992 Plymouth Voyager/Grand Voyager 2WD
49 1992 Saab 900
50 1992 Saab 900
51 1993 Dodge Ram 50 Pickup 2WD
52 1993 Dodge Stealth
53 1993 Jeep Comanche Pickup 2WD
54 1993 Mitsubishi 3000 GT
55 1993 Mitsubishi Truck 2WD
56 1993 Toyota Camry
57 1993 Toyota Camry Wagon
58 1994 Mazda B2300/B3000/B4000 Pickup 2WD
59 1994 Mazda MPV
60 1994 Mitsubishi Diamante Wagon
61 1994 Volkswagen Corrado SLC
62 1995 Kia Sportage 2WD
63 1995 Mazda MPV
64 1995 Toyota Tacoma 2WD
65 1996 Jeep Cherokee 2WD
66 1996 Nissan Truck 2WD
67 1996 Toyota Supra
68 1996 Volkswagen Jetta GLX
69 1997 Chrysler Concorde
70 1997 Chrysler New Yorker/LHS
71 1997 Dodge Intrepid
72 1997 Eagle Vision
73 1997 Kia Sportage 4WD
74 1997 Mercedes-Benz C36 AMG
75 1997 Nissan Truck 2WD
76 1997 Toyota Supra
77 1997 Toyota T100 2WD
78 1997 Volkswagen Jetta GLX

And now for the cars added to the program because the mileage is now below 19 MPG.

Newly Eligble Cars
YEAR NEW MAKE NEW MODEL
1 1987 Buick Regal
2 1987 Cadillac Brougham
3 1987 Chevrolet Caprice
4 1987 Chevrolet G10/20 Van 2WD
5 1987 Chevrolet R10 Pickup 2WD
6 1987 Chevrolet T10 Blazer 4WD
7 1987 Chevrolet T10 Pickup 4WD
8 1987 GMC G15/25 Vandura 2WD
9 1987 GMC R15 Pickup 2WD
10 1987 GMC T15 Jimmy 4WD
11 1987 GMC T15 Pickup 4WD
12 1987 Jeep Cherokee/Wagoneer 4WD
13 1987 Jeep Comanche 4WD
14 1987 Nissan 300ZX
15 1987 Nissan 300ZX 2x2
16 1987 Oldsmobile Cutlass Supreme
17 1987 Porsche 911
18 1988 Alfa Romeo Milano
19 1988 BMW 3 Series
20 1988 BMW 3 Series
21 1988 Mercedes-Benz 260E
22 1988 Mercury Cougar
23 1988 Oldsmobile Cutlass Supreme Classic
24 1989 Alfa Romeo Milano
25 1989 Austin Rover Sterling
26 1989 BMW M3
27 1989 Chevrolet S10 Blazer 4WD
28 1989 Chevrolet S10 Pickup 4WD
29 1989 Dodge Caravan/Grand Caravan/Ram Van 2WD
30 1989 Ford Taurus Wagon V6 A/C
31 1989 GMC S15 Jimmy 4WD
32 1989 GMC S15 Pickup 4WD
33 1989 Mercury Sable Wagon V6 A/C
34 1989 Plymouth Voyager/Grand Voyager 2WD
35 1990 BMW 325i Convertible
36 1990 BMW 525i
37 1990 BMW M3
38 1990 Chrysler New Yorker Fifth Avenue/Imperial
39 1990 Chrysler TC By Convertible
40 1990 Ford Taurus Wagon
41 1990 Isuzu Pickup 2WD
42 1990 Mercury Sable Wagon
43 1991 Alfa Romeo 164
44 1991 BMW M3
45 1991 Ford Taurus Wagon
46 1991 Jeep Cherokee 2WD
47 1991 Mercury Sable Wagon
48 1992 Alfa Romeo 164
49 1992 Chrysler Imperial
50 1993 Acura Legend
51 1993 Alfa Romeo 164
52 1993 Buick Park Avenue
53 1993 Mitsubishi Diamante
54 1993 Oldsmobile Ninety-Eight
55 1994 Eagle Summit Wagon
56 1994 Ford LTD Crown Victoria
57 1994 Ford Thunderbird
58 1994 Isuzu Pickup 2WD
59 1994 Lincoln Lincolin Town Car
60 1994 Lincoln Mark VIII
61 1994 Mercury Cougar
62 1994 Mercury Grand Marquis
63 1994 Mitsubishi Expo
64 1994 Plymouth Colt Vista
65 1994 Volkswagen Passat
66 1994 Volkswagen Passat
67 1994 Volkswagen Passat Wagon
68 1994 Volkswagen Passat Wagon
69 1995 Eagle Summit Wagon
70 1995 Lincoln Mark VIII
71 1995 Mitsubishi Expo
72 1995 Volkswagen Jetta III GLX
73 1995 Volkswagen Passat
74 1995 Volkswagen Passat Wagon
75 1996 Chrysler Concorde
76 1996 Chrysler New Yorker/LHS
77 1996 Eagle Vision
78 1996 Mitsubishi 3000 GT Spyder
79 1996 Volkswagen Passat
80 1996 Volkswagen Passat Wagon
81 1997 Mercedes-Benz E420
82 1997 Toyota 4Runner 2WD
83 1997 Toyota T100 2WD
84 1997 Volkswagen Passat
85 1997 Volkswagen Passat Wagon
86 2004 Mazda RX-8

Photo Credit: Donreid @ flickr

New Jersey resident Jeff Chase was considering trading in his 1989 Mazda 929 for a new car and checked the government's FuelEconomy.gov website and it said it met the 18 MPG threshold to be considered a gas-guzzling clunker. He went back later to buy the new car only to discover the numbers had been changed and the combined mileage was now 19 MPG and therefore disqualified from the discount.

"The dealer that I wanted to do business with had started to write sales orders for cars but were not delivering them until the final CARS rules were set," said Jeff Chance. "They are finding out that cars that they thought were qualified as trade-ins are no longer eligible. Now these people will not be able to purchase a car."

Jeff isn't alone. Daniel Anderson was planning to trade up from his 1991 V6 Toyota Camry only to be rejected because the number was changed sometime in the last week from 18 MPG, a number that would have garnered him a check, to a new 19 MPG rating.

Were the vehicles rechecked? Did they apply a new standard? Given the numerous Camrys and old Mazdas on the road, it's possible there are thousands of car owners on the road who believe they're qualified for a discount only to arrive at the dealership and find the numbers have changed.

This is especially troublesome because the official rules released this week states they'll use the latest combined mileage as determined by the EPA because the agency reconfigured how they measure mileage to more accurately reflect real-world MPG. Thus the Cash For Clunkers final rule states:

CARS Act Rule Language
EPA changed the way it calculated fuel economy ratings starting in Model Year 2008, and has estimated the revised ratings for Model Years 1985-2007. Therefore, as described above, eligibility is determined by the revised ratings rather than the original EPA sticker on the vehicle. Since the revised ratings reflect a lower fuel economy, vehicles that would not be eligible under their original EPA rating may qualify for trade- in.

If this is the case, people who discovered their car's were formerly rated as 18 MPG technically had vehicles determined to qualify under the rules.

Karen E. Aldana with the National Highway Traffic Safety Administration says the agency wasn't aware of what happened. "On the final rule we said we'd use their fuelconomy.gov ratings, so the fact that they're changing it all of a sudden, if that's happening — this is the first I've heard of this."

NHTSA spokesperson Rae Tyson called us back after the story originally ran to inform us that, though they wrote the role, the mileage measurements are completely under the control of the EPA and the rating that went into affect on Friday, July 24th is the one that currently determines eligibility and if anyone made a deal before Friday did so at their own risk.

"The fact is that we have said all along that any dealer entered into a sales agreement prior to the beginning of the agreement was doing so at his own or her own peril because until the program is final you always run into the risk of a deal made not qualifying," said Tyson.

An aide we've spoken to for one of the leaders behind the original bill in Congress says they were also unaware this was occurring.

UPDATE: WE Just received this statement from the EPA confirming what happened:

EPA Statement On Mileage Changes:
In support of the new CARS program, the government conducted a month-long quality assurance and quality control effort regarding fuel economy calculations on more than 30,000 vehicle model types spanning the past 25 years.

As a result of the review, roughly an equal number of vehicles became eligible as those found to be not eligible. Of the above model types, eligibility for roughly 100 vehicles was affected.

An enormous effort went into completing these updates so that they would be in place with NHTSA's issuance of the CARS regulation last week — working to ensure that the most precise info possible would be available to consumers once the program took effect.

Photo: Secretary of Transportation Ray LaHood celebrating the launch of the CARS program last week. Credit: Win McNamee/Getty Images

At issue is the federal government's twin towers of regulation power — the National Highway Transportation and Safety Administration (NHTSA) and the Environmental Protection Agency (EPA). What President Obama announced Tuesday was that the EPA and NHTSA intend to work together to regulate greenhouse gas (GHG) emissions and corporate average fuel economy (CAFE) standards at the national level. This avoids different standards being implemented at the state versus federal level, and to avoid unharmonized or inconsistent GHG emission and CAFE standards.

The problem is, as has been widely reported by everyone in the media, ourselves included, NHTSA is not proposing a 35.5 MPG CAFE standard by model year 2016. Rather, as we're now being told by analysts at Credit Suisse, the EPA intends to propose GHG emission standards that, based on its estimates of model year 2016 light vehicle sales at that time, would result in fleet average CO2 emissions (of vehicles sold in that model year) of roughly 250 grams/mile. This creates at least one huge loophole in the system for automakers to take advantage of.

The Air Conditioner Loophole
That level of CO2 emission per mile would equate to about 35.5 MPG in fuel economy parlance. However — here's the big loophole — it's expected by the EPA and NHTSA that most manufacturers would apply air conditioning improvements to reduce GHG emissions. Air conditioning improvements do not enter into the NHTSA's calculation of MPG fuel economy.

Thus, the improvement in MPG that is equivalent to the estimated 250g of CO2/mile will actually fall well short of the 35.5 MPG mark. The gap between what the fleet CAFE will be and the widely reported 35.5, would be made up by air conditioner improvements. So basically, when you buy your supposedly more-fuel-efficient vehicle in 2016, it won't have as high of a fuel economy as it could — thanks to your car's air conditioning.

Automakers Get Lower Standards The More Large SUVs, Trucks They Build
Credit Suisse also points out in a new report released today that another key component of the proposal yesterday is that the EPA and NHTSA both intend to propose separate footprint-based standards. This is consistent with NHTSA's current approach to CAFE standards and, as such, means that there will be no set standard, with respect to either CO2 or fuel economy, for any single manufacturer or in fact for the fleet as a whole. Any standards you hear about for a given manufacturer or for the fleet as a whole are estimates.

This is because the actual MPG or CO2 "standard" for every manufacturer will vary depending on what they build. Footprint-based means the amount of CO2 emitted and the level of fuel economy will vary depending on the vehicles wheelbase multiplied by its track width. Put another way, the area between where the tires touch the road.

This quote from the proposal addresses the implications for automakers: "Under a footprint-based standard, each manufacturer would have a GHG and CAFE standard unique to its fleet, with a separate standard for passenger cars and light-trucks, depending on the footprints of the vehicle models produced by that manufacturer. Generally, manufacturers of larger vehicles (i.e. vehicles with larger footprints) would face less stringent standards (i.e., higher CO2 grams/mile standards and lower CAFE standards) than manufacturers of smaller vehicles." This clearly favors the domestic makers.

Will That Be Cash Or Credit?
The EPA and NHTSA foresee flexibility in compliance with its proposed standards based on certain credits. Credits can be earned for fleet over-compliance in a given year, and applied in future years. Current consideration is to allow credits to be carried forward for at least 5 years.

In addition to credits at the fleet level that could be carried forward, the agencies intend to consider giving manufacturers the ability to transfer credits among its fleet. That is, if an automaker achieves over-compliance on the car side, it can transfer those credits to the truck side, and vice versa.

Air conditioning credits: AC units contribute to GHG emissions in two ways. First, through the leakage of hydrofluorocarbon (HFC) refrigerants, and second, by placing additional load on the engine, which causes the engine to produce additional CO2. The EPA is considering an approach that would enable automakers to earn credits by reducing GHG emissions (HFC and CO2) related to AC systems. Under the approach, reductions in HFCs would be converted to a CO2 equivalent reduction on a gram/mile basis that could be used as credits in meeting fleet CO2 standards. The EPA said it believes automakers would reduce HFC and CO2 emission through AC upgrades in order to take advantage of these credits.

Additional credit opportunities are being considered to help promote the commercialization of electric and plug-in hybrid electric vehicles. They are called "super credits", and they would take the form of a multiplier such that the number of hybrid/electric vehicles sold would count as more than one vehicle in the manufacturer's fleet average. Thus helping automakers achieve fleet compliance by offering such vehicles, and applying those credits as needed.

Who Comes Out On Top?
All of this doesn't mean the automakers won't have to make an improvement. There's still much work to be done to bring all the vehicles up to these standards, but as we learn more it becomes clearer why so many auto execs were willing to stand behind President Obama.

[Credit Suisse, EPA, Green Car Advisor]

Do you believe in miracles? Mere weeks after news the 2010 Ford Fusion hybrid beat the rest of the hybrid competition comes word the four-banger-equipped 2010 Ford Fusion (with an auto tranny, no less!) has slayed the fuel economy samurai champions of the Far East, the Toyota Camry and the Honda Accord with fuel economy numbers of 34 MPG highway and 23 MPG city.

That means Ford now holds claim on the best fuel economy numbers for both the mid-size sedan and hybrid mid-size sedan segment. We wonder if Pelosi plans on calling Alan Mulally personally to apologize for the brow-beating. Full release below:

FORD FUSION TOPS TOYOTA CAMRY, HONDA ACCORD AGAIN WITH BEST-IN-CLASS 34 MPG 4-CYLINDER MODEL

* The Ford Fusion is now America’s most fuel efficient mid-size sedan for both hybrid and conventional gasoline models

* The four-cylinder Ford Fusion S is now certified at 34 mpg highway and 23 mpg in the city, topping the Toyota Camry and Honda Accord

* This entry-level 2010 Ford Fusion S is powered by a new 2.5-liter Duratec mated to a fuel-efficient six-speed automatic transmission

* The Fusion I-4 joins the all-new Ford Fusion Hybrid, already at the top of the mpg tables

DETROIT, Jan. 9, 2009 – The Ford Fusion is now America’s most fuel efficient mid-size sedan for both hybrid and conventional gasoline models.

Ford announced today that new four-cylinder Ford Fusion S has been certified by the U.S. Environmental Protection Agency at 34 mpg on the highway and 23 mpg in the city – beating both the gasoline-powered Camry and Honda Accord models. The news follows certification of the Ford Fusion Hybrid at 41 mpg rating in the city and 36 mpg on the highway, topping the Toyota Camry hybrid by 8 mpg in the city and 2 mpg on the highway.

“Take your pick: Whether you want a gas-powered or hybrid mid-sized sedan, the new Fusion offers the best fuel economy in America,” said Barb Samardzich, Ford’s vice president of Powertrain Engineering. “We promised to offer best-in-class or among the very best fuel economy with every new vehicle we introduce, and we are making good on that pledge with hybrids, new high-tech gasoline engines, new six-speed transmissions and other fuel efficient technologies.”

The 2010 Ford Fusion fuel economy certification was conducted at Ford’s testing laboratories in Allen Park, Mich. The Ford Fusion S and the base-level Mercury Milan, both powered by a new 2.5-liter Duratec 4-cylinder engine mated to a fuel efficient six-speed automatic transmission, will carry an EPA label of 34 mpg for highway driving and 23 mpg in the city when they go on sale this spring.

The latest news on Fusion joins other Ford fuel economy leaders, including:

* The Ford Focus with 2.0-liter 4-cylinder engine and manual transmission delivers 35 mpg on the highway, 5 mpg better than the Toyota Corolla’s 2.4-liter 4-cylinder engine and 2 mpg better than the Honda Fit’s 1.5-liter 4-cylinder engine, both also with manual transmissions.
* The all-new 2009 Ford F-150 – which just recently was named Motor Trend magazine’s Truck of the Year – achieves 3 mpg more than the Toyota Tundra pickup on the highway and 1 mpg better in the city with its 4.6-liter V-8 engine, compared to Toyota’s 4.7-liter V-8. The F-150’s larger 5.4-liter V-8 achieves 2 mpg better on the highway than the Tundra’s larger engine.
* The 2009 Ford Escape with new 2.5-liter 4-cylinder engine achieves 28 mpg on the highway, the same as Toyota’s RAV4 and 1 mpg better than the Honda CR-V, both with 4-cylinder engines, too.
* The Ford Expedition achieves 20 mpg on the highway, beating Toyota Sequoia’s 4.7-liter V-8 engine by 3 mpg and its 5.7-liter V-8 by 1 mpg.

“We’ve done it in the heart of the truck segment with the new 2010 Ford F-150, and now we’ve done it in the heart of the car segment with Fusion,” Samardzich said. “We understand how important fuel economy is to customers, and Ford is committed to delivering leadership. The great news is that our significant investment in fuel efficiency leadership is going to continue to pay off with every new vehicle launch.”

Fuel Economy Leadership Priced Right

Ford has announced pricing for the new 2010 Fusion. The fuel-economy leading Fusion S with the six-speed automatic transmission features a base price of $20,870, plus destination and delivery charges.

Fusion also offers more engine choice than Camry and Accord, with two V-6 engine options – the 240-horsepower 3.0-liter flex-fuel V-6 and the 263-horsepower 3.5-liter Duratec V-6 engine. The 3.0-liter V-6 models start at $23,760.

The base price of the all-new Ford Fusion Hybrid is $27,270.

The new Fusion builds on the strong quality reputation of the current model, which has gained important third-party accolades, and will offer class-exclusive features, including Ford SYNC®, SIRIUS TravelLink™, BLIS™ (Blind Spot Information System) with Cross Traffic Alert and Sony®-branded audio.

# # #

Ford Motor Company

Ford Motor Company, a global automotive industry leader based in Dearborn, Mich., manufactures or distributes automobiles across six continents. With about 224,000 employees and about 90 plants worldwide, the company’s core and affiliated automotive brands include Ford, Lincoln, Mercury, Volvo and Mazda. The company provides financial services through Ford Motor Credit Company. For more information regarding Ford’s products, please visit www.ford.com.

The Ten Most Fuel Efficient Vehicles For 2009

We've provided you two lists, one of the top ten vehicles ranked by highest fuel economy in city driving, the other, by highest fuel economy on the highway

Make Model: City or Highway

By City:
1.) Toyota Prius: 48
2.) Honda Civic Hybrid: 40
3.) Nissan Altima Hybrid: 35
4.) Ford Escape/Mariner Hybrid 2WD: 34
5.) Smart Fortwo: 33
Toyota Camry Hybrid: 33
7.) Volkswagen Jetta/SportWagen Diesel: 30
8.) Toyota Yaris: 29
9.) Mini Cooper: 28
Honda FIt: 28

By Highway
1.) Toyota Prius: 45
Honda Civic Hybrid: 45
3.) Volkswagen Jetta/SportWagen Diesel: 41
Smart Fortwo: 41
5.) Chevy Cobalt/Pontiac G5 XFE: 37
Mini Cooper: 37
7.) Toyota Yaris: 36
Honda Civic/Civic CNG: 36
9.) Chevy Cobalt/Pontiac G5: 35
Toyota Corolla/Honda Fit: 35
Ford Focus: 35

The Most Fuel Efficient Cars By Category

This list covers the most fuel efficient cars by EPA category.

Two-Seater Cars
Smart ForTwo: 33/41

Minicompact Cars
Mini Cooper: 28/37

Compact Cars
Honda Civic Hybrid: 40/45

Midsize Cars
Toyota Prius Hybrid: 48/45

Small Station Wagons
Volkswagen Jetta SportWagen Diesel: 30/41

Midsize Station Wagons
Kia Rondo: 20/27

Small Pickup Trucks
Ford Ranger 2WD: 21/26

Standard Pickup Trucks
Chevrolet C15 Silverado/GMC Sierra Hybrid: 21/22

Cargo Vans
Chevrolet/GMC G1500: 15/20

Minivans
Mazda Mazda5: 22/28

Sport Utility Vehicles
Ford Escape/Mercury Mariner/Mazda Tribute Hybrid 2WD: 34/31

[Source: FuelEconomy.gov]

The state was attempting to implement mandatory standards that would slash greenhouse gas emissions from cars and trucks by 30%. The legislation would have come into effect in 2016, four years before the new national 35mpg fuel economy standard. 16 other states were prepared to follow suit.

The EPA decided to block California, citing the 2020 35mpg standard signed into law last week as "a clear national solution," and that there was no need for a "confusing patchwork of state rules to reduce America's climate footprint from vehicles."

The Guardian reports that Bush appointee Stephen Johnson, the EPA's director, cut himself off from consultation for a month prior to the decision being announced, a move that itself came after Cheney met with members of the auto industry. Johnson's staff had previously warned him that should he block California's decision, the state would most likely win a lawsuit against the agency. Upon announcing his intention to go against that advice, Johnson tasked his staff with creating a legal justification for it.

California's Attorney General immediately announced the State's intention to pursue the matter in court, saying ""It is completely absurd to assert that California does not have a compelling need to fight global warming by curbing greenhouse gas emissions from cars. There is absolutely no legal justification for the Bush administration to deny this request - Gov. Schwarzenegger and I are preparing to sue at the earliest possible moment."

The New York Times described the decision in an editorial as being, "an indefensible act of executive arrogance that can only be explained as the product of ideological blindness and as a political payoff to the automobile industry." [Via The Guardian]

Photo credit: Scorpius73

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]

Gov. Schwarzenegger Announces Lawsuit against U.S. EPA for Failing to Act on California's Tailpipe Emissions Request

Governor Schwarzenegger today announced that California has filed a lawsuit against the U.S. Environmental Protection Agency (EPA) for failing to act on California's tailpipe emissions waiver request. The Governor put the federal government on notice six months ago saying such a lawsuit would be filed if the U.S. EPA continued to delay action on California's request for authority to regulate greenhouse gas emissions for cars and light trucks sold in the state. Fourteen other states are expected to join California's lawsuit today.

"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," said Governor Schwarzenegger. "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.

"Our air quality, our health and our environment are too important to delay any longer, and it is not just the people of California who are waiting. Those states that want to follow our lead cannot do so until federal permission is granted. In fact, fourteen other states are expected to join our lawsuit later today."

Following the filing of California's lawsuit against the U.S. EPA today, fourteen states will be announcing that they are joining California as interveners in the lawsuit, including: Massachusetts, New York, Arizona, Connecticut, Illinois, Maine, Maryland, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington and Pennsylvania.

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 U.S. EPA. Over the past 30 years the U.S. EPA 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.

# # #

In his September ruling, US District Judge Ron Sessions said industry's been known to respond "admirably" to such technological challenges. (We're sure Thomas Friedman is readying his fiery attack.) Since California proposed the legislation, 11 more states have adopted it. But before California or any other state can introduce its own emissions regulations, it must receive approval from the EPA, which is expected within the next few months. Additionally, the Bush administration will propose a new set of tailpipe standards before 2008. Scramble the lobbyists! Swarm! Swarm! [The Detroit News]

Drivers' dilemma: Beat gas price hike or help environment? [Detroit News]

Related:
Allstate Giving Away 20,000 Gallons Of Free Gas In Warren, MI Today!; NY Daily News: A Jersey Gas Tax Hike Could Lead Legions Of New Yorkers To Never Again Visit Garden State; Arrrgh! $4+ Gas Spotted In California; $4.07 For Premium In Chicago!; more gas prices coverage [internal]

"The court had three questions before it. Do states have the right to sue the EPA to challenge its decision? Does the Clean Air Act give EPA the authority to regulate tailpipe emissions of greenhouse gases? Does EPA have the discretion not to regulate those emissions?"

1.) Yes.
2.) Yes.
3.) Try again later.

...ordered the EPA to re-evaluate whether it has the discretion not to regulate tailpipe emissions despite the Clean Air Act's requirements that they do so. As to what this means — it probably means it'll force the EPA to finally start regulating what comes out of the ass-end of vehicles, and that means lots of R&D dollars will need to be spent on fuel economy and on emissions reduction. Anyone got another idea like the catalytic converter hanging around the shop? – Ray Wert

Supreme Court Rules Against White House on Greenhouse Gases [CNBC.com]

Related:
Merkel Don't Need No Merkin: German Chancellor Stands Up for Bruce; Steal This Catalytic Converter [internal]

UPDATE: Toyota claims the Prius will see city mileage estimates drop up to 30 percent and highway estimates drop as much as 20 percent — the new tests could drop average fuel economy from 60 city/51 highway to somewhere in the 40s for the Prius. [Hat tip to Detroit News]

Fuel economy numbers will drop in 2008 models [Freep]

Related:
JD Power Takes In The Fumes: Releases Environmentally Friendly Vehicle List And Environmental Expectations Survey; Ferndale's Super! Buy A Hybrid Or 30 MPG Car, Park For Free [internal]

The hydraulic hybrid-drive system the EPA may or may not have stolen appropriated from a guy named Car Man (or thereabouts) is ready for more real-world tests, the Wall Street Journal reports. The govs that be are planning to roll out their hydraulic system in a Peterbilt garbage truck, to be marketed by a Cleveland company starting next year. The truck uses a hybrid combination of diesel engine and hydraulic pump that saves braking energy as pressure, which it releases as force. UPS has been testing a similar system on two of its gajillion trucks since June.

EPA-Influenced Vehicles Get Set to Hit Road [WSJ.com]

Related:
Institutional Memory Lapse: Jalopnik on Hydraulic Hybrids [internal]

We love mercury. It's all shiny and weird and molten and heavy. Back in 7th grade, we had a container full of it in science class. Then some girl dropped it and they had to call in a Haz-Mat crew to clean the place up. And now the Feds are working with automakers, recyclers and the steel industry to remove the mercury content from junked cars before they're sent to the crusher. According to the EPA, dead autos contribute 11 tons of quicksilver to the environment every year.

EPA rules deal with mercury source hidden in cars [Chicago Tribune]

Related:
Feds Lift Mandatory Oxygenate Standard [Internal]