State sues EPA on emissions


Governor, Brown press for federal waiver so California can start to limit greenhouse gases

By Jim Downing
Sacramento Bee
November 9, 2007

Gov. Arnold Schwarzenegger and state Attorney General Jerry Brown on Thursday morning announced that California is suing the U.S. Environmental Protection Agency to force the agency to decide whether California can enforce a 2002 state law that would slash tailpipe emissions of greenhouse gases from new cars starting next year.

California has the unique right to enact air-pollution standards that are more stringent than the federal government's. But before the state can enforce a new standard, it needs a waiver from the EPA.

California asked the agency in December 2005 for the waiver it needs to move ahead with the tailpipe emissions law. The EPA has yet to act on the request – though agency chief Stephen Johnson has promised a ruling by the end of the year.

The suit filed Thursday will pressure Johnson to act, said Schwarzenegger at a morning press conference on the Capitol's east steps.

"We are taking another step forward in battling global warming," he said. "We're not waiting for Washington."

The law, Assembly Bill 1493, calls for 30 percent cuts in climate-warming emissions from vehicles by 2016. Its impact extends beyond California's borders, because other states have adopted copycat laws. Fourteen other states are expected to join the state's suit, Schwarzenegger said.

Even if California prevails in its legal action, Johnson could decide to reject the request to enforce the emissions law. Schwarzenegger said such a ruling would prompt another suit.

"We're going to sue again and sue again and sue again until we get it."



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