EPA Blocks States from Cutting Global Warming Pollution from Vehicles

“On Wednesday December 19^th, Environmental Protection Agency (EPA) administrator Stephen Johnson announced that he was denying a waiver for California under the Clean Air Act to implement global warming pollution standards for cars and trucks

The Decision: In an unprecedented and frankly, indefensible decision, EPA denied the waiver. That means that all the states that have adopted California standards for cars (like Maryland) cannot begin the regulation of carbon dioxide from new cars coming into their borders. However, this does not affect any of the other regulations under the California car standard including heightened emissions requirements for sulfur dioxide, volatile organic compounds, and nitrous oxide. Also, these heightened standards indirectly make cars more efficient, which decreases greenhouse gases at a very minimal level.

My Analysis: Basically, EPA’s decision is not supported in law. After Massachusetts vs. EPA, it is clear that greenhouse gas emission can be regulated under the auspices of the Clean Air Act. EPA usually grants waivers of this type if a state wants to take the initiative to self-regulate and heighten their own requirements for emissions. Because the Bush administration realizes that this regulation doesn’t only affect California but many other states that have adopted CA standards, they are trying to send a message to states to stop trying to regulate GHG emissions. Its all very absurd. Its absurd that in the absence of real federal standards, states are being DISCOURAGED and told that they CAN’T regulate global warming emissions within their own borders. I am by no means a self-proclaimed “state’s rights” advocate but in this instance, the federal government is clearly overstepping their authority over the states. I believe that if this waiver denial decision is challenged in court it will not withstand scrutiny. The Bush Administration is treading on thin ice (no pun intended) with this decision.