California sues EPA over greenhouse gas rules

updated 2:42 p.m. ET Jan. 2, 2008

SACRAMENTO, Calif. - 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's request for a waiver, required 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 a waiver that it needs under the federal Clean Air Act to move forward with regulating greenhouse gas emissions from new cars and trucks. At least 16 other states had been expected to follow California's lead and adopt the state's tougher emission limits.

"There's absolutely no justification for the administrator's action," Attorney General Jerry Brown said Wednesday. "It's illegal. It's unconscionable and a gross dereliction of duty."

In announcing his decision last month, 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.

Johnson said energy legislation signed by President Bush will raise fuel economy standards nationwide to an average of 35 mpg by 2020. He said that was a far more effective approach to reducing greenhouse gases than a patchwork of state regulations.

EPA defends ‘national approach’
In an emailed statement, EPA spokesman Jonathan Shradar said the federal Energy Independence and Security Act "is a more beneficial national approach to a national problem, which establishes an aggressive standard for all 50 states — as opposed to a lower standard in California and a patchwork of other states."

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.

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.

The governors of Arizona, Colorado, Florida and Utah have said they also plan to adopt them. The rules also are under consideration in Iowa.

"(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. "That's why, at the very first legal opportunity, we're suing to reverse the U.S. EPA's wrong decision."

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