California Sues EPA over Greenhouse Gas Regulations
by Matthew Madia, 11/9/2007
As promised, California filed suit yesterday against the U.S. Environmental Protection Agency for its refusal to make a decision on the state's proposal to set strict standards for vehicle greenhouse gas emissions.
In December 2005, California petitioned EPA to let the state develop its own program for regulating emissions. Under the Clean Air Act, the federal government holds the express right to regulate emissions but may grant waivers to states, which it often does. (EPA has granted California more than 50 waivers since the 1970's, according to The Los Angeles Times.) If EPA grants California's waiver request, 14 other states would follow with similar programs.
Governor Arnold Schwarzenegger gave EPA plenty of advanced notice about the suit; he wrote to administrator Stephen Johnson in April notifying EPA that California would sue if the agency did not decide on the request by October.
Nonetheless, Johnson has continued to stall and would only commit to making a decision by the end of the year. According to the LA Times, "California officials said they were pressing ahead with their lawsuit out of fear that the White House could order Johnson to postpone his decision."
Officials' fear about White House interference is not unfounded. White House officials are not happy about state attempts to impose greenhouse gas emission limits. In September, the House Oversight and Government Reform Committee unearthed an administration-wide campaign, coordinated by the White House, in which cabinet-level officials lobbied state officials and federal lawmakers with the intent of killing the state programs.
