More States Join California in the Fight Against the EPA's Emissions Ruling

In December of 2007, the EPA denied the state of California’s request for a waiver of the federal Clean Air Act that would allow California to impose regulations that would limit carbon dioxide emissions from new vehicles. California's regulations would significantly cut emissions and require a considerably higher mile-per-gallon average than that of the federal energy bill. The EPA ruled that, under the Clean Air Act, carbon dioxide emissions regulations are within the purview of the federal government. The EPA explained its decision to deny the waiver, in part, by pointing out that allowing some states to regulate emissions would make it more difficult for auto manufacturers to comply with each state’s differing levels of regulation, and explained that the EPA was working on a nationwide solution.

A number of states (including Arizona, Colorado, Connecticut, Florida, Illinois, Iowa, Maine, Maryland, Massachusetts, Montana, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Utah, Vermont and Washington) have adopted, or are planning to adopt, California's emissions regulations if such regulations are allowed by the EPA.

Following the denial of the waiver, the state of California brought suit against the EPA in the 9th Circuit on January 2, 2008, claiming that the EPA failed to adequately explain the reasons for denying the waiver. A number of automobile manufacturer’s associations have filed motions to intervene in support of the EPA’s decision. California’s opening brief is due March 24, 2008.