California Sues EPA Over Emission Limit

California sued the U.S. Environmental Protection Agency on Wednesday for denying its first-in-the-nation greenhouse gas limits on cars, trucks and SUVs, challenging the Bush administration’s conclusion that states have no business setting emission standards.

Other states are expected to join the lawsuit, which was anticipated after the EPA on Dec. 19 denied California a waiver it needs under the federal Clean Air Act. The lawsuit was filed in the 9th U.S. Circuit Court of Appeals in San Francisco.

EPA Administrator Stephen L. Johnson denied California the waiver, saying new federal regulations would be more effective than a patchwork of state laws.

In announcing his decision last month, Mr. Johnson said the federal government was moving forward with a national solution and dismissed California’s arguments that it faced unique threats from climate change. Energy legislation signed by President Bush will raise fuel economy standards nationwide to an average of 35 mpg by 2020, he said.

California officials contend their 2004 law is tougher than the new national standard. It would have required the auto industry to cut emissions by one-third in new vehicles by 2016 or reach an average of 36.8 mpg, setting a deadline four years earlier than the new federal law.

Twelve other states – Connecticut, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington – have adopted the California emissions standards, and the governors of Arizona, Colorado, Florida and Utah have said they plan to adopt them. The rules also are under consideration in Iowa.

Fifteen states plan to intervene on California’s behalf, including 13 of those that have either adopted or are in the process of adopting the rules. Delaware and Illinois, which have not passed the standards, also are part of the lawsuit.

“(EPA officials) are ignoring the will of millions of people who want their government to take action in the fight against global warming,” Gov. Arnold Schwarzenegger said in a statement.

Originally published by Associated Press.

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