EPA Blocks State Regulation of Emissions

The Environmental Protection Agency ruled that a consortium of seventeen states including California, New York, New Jersey, and Connecticut could not issue their own regulations limiting carbon dioxide emissions from cars. The EPA said that it believed that a single national standard would be preferable to individual and perhaps differing state limits. EPA Administrator Stephen Johnson said that such a move by the states would be preempted by any future Federal rule anyway, and would render portions of the energy bill just passed by Congress and signed into law by President Bush meaningless.

"The Bush administration is moving forward with a clear national solution, not a confusing patchwork of state rules. I believe this is a better approach than if individual states were to act alone."

California's proposed carbon dioxide rule would have required cars to achieve roughly 43 miles to the gallon by 2016. The Federal energy bill just signed is significantly less strict, allowing auto makers to average 35 MPG across their entire product line by 2020.

California Governor Arnold Schwarzenegger, a moderate Republican and noted global warming advocate, issued a statement expressing his disappointment with the EPA.

"It is disappointing that the federal government is standing in our way and ignoring the will of tens of millions of people across the nation. We will continue to fight this battle.

California sued to compel the agency to act on our waiver, and now we will sue to overturn today's decision and allow Californians to protect our environment."

Earlier this year, the Supreme Court ruled against the Bush Administration, saying that the EPA had violated the Clean Air Act by refusing to issue rules regulating the emission of greenhouse gases, including carbon dioxide, from car tailpipes. The EPA had argued at the time that it did not have the authority to regulate greenhouse gases and that it would not do so in any event due to the high degree of "scientific uncertainty" on the issue of global warming. Today's decision by the agency seems to run counter to the 5-4 decision in Commonwealth of Massachusetts et al. v. Environmental Protection Agency.

Auto industry groups praised the EPA's decision. David McCurdy, president of the Alliance of Automobile Manufacturers said, "Enhancing energy security and improving fuel economy are priorities to all automakers, but a patchwork quilt of inconsistent and competing fuel economy programs at the state level would only have created confusion, inefficiency and uncertainty for automakers and consumers."

With global warming becoming a larger issue in domestic politics, this decision is likely to have repercussions in the next session of Congress beginning after the new year. Democrats generally support Federal intervention in an attempt to curb global warming and the pollution that is said to contribute to it. Republicans, while moving closer to accepting the premise of global warming, are skeptical to the need for and efficacy of potential government action. Congress may try to remedy today's decision through the legislative process. If it does, there are enough moderate Republicans to help pass a bill with a veto proof majority. However, given President Bush's recent comments on the energy bill just signed into law, a veto proof majority may not be necessary.