SAN FRANCISCO CHRONICLE EDITORIAL Global warming goes to court San Francisco Chronicle January 4, 2008 The Environmental Protection Agency can't say it wasn't warned. By denying California -and another 16 states - a chance to set tailpipe limits on greenhouse gas emissions, the fumbling feds are lining up for a painful ordeal in the courtroom and on Capitol Hill. The political trajectory of this case was obvious for months, even years. California wants to lead a pack of like-minded states out of the legal wilderness by adopting rules tougher than Washington's on greenhouse gases such as carbon dioxide. No surprise, the White House wants none of it and stepped in shortly before Christmas to quash the plan. Bush appointees are selling the dispute as a showdown between wise, unifying Washington and out-there enviro rulemakers pushing a mindless checkerboard of regulations. The president recently signed mileage rules that will boost standards to 35 miles per gallon by 2020, so what's the fuss? It's pure spin, and it won't work. The federal agency's own staff warned top-dog administrator Stephen Johnson that California was on solid ground in asking for approval of rules. Since passage of underlying clean-air laws in 1970, California has won more than 40 requests for waivers from the federal rules to reflect this state's peculiar conditions and notably foul air. Also, there's never been a danger of a crazy-quilt pattern of tailpipe laws. It's always been either the federal standard - or California's tougher set. While the recent federal mileage rules are a major improvement to decades-old standards, they aren't the final answer. California had sought emission changes that would have brought cleaner cars to auto showrooms beginning next year, a deadline that will now likely be missed because of Washington's delaying game. Had the California standards swung into place on schedule, the effects would also be felt in the other states wishing to copy the rules. All together, these states make up nearly half the nation's car-driving population. This standoff explains the political heat being felt. Gov. Arnold Schwarzenegger denounced the federal stance. Rep. Henry Waxman, a Los Angeles Democrat who heads a House oversight committee, plans hearings on the federal agency's decision. On the Senate side, Sen. Barbara Boxer is planning a similar inquiry with agency head Johnson as her quarry. These open-air jousts may embarrass the Bush team. But it could take a court challenge, filed this week by California Attorney General Jerry Brown, to unblock the path to stricter greenhouse controls. If successful, the suit could finish off the White House waiting game on controlling a key source of greenhouse gases. A win would also free California and its allies in taking the next steps in halting global warming. Copyright 1999-2008, California Coastal Coalition Phone: (760) 944-3564