California sues EPA over greenhouse gas rules

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.

"Today, there is simply no environmental issue more compelling _ or extraordinary _ than the increasing threat of climate change," New York Attorney General Andrew Cuomo said in a statement. "Greenhouse gas emission standards for cars are a logical and necessary step to effectively combat global warming."

Automakers oppose California rules
The EPA's decision was a victory for automakers, which had argued that they would have been forced to reduce their selection of vehicles and raise prices in the states that adopted California's standards.

It was the first time the EPA had fully denied California a waiver under the Clean Air Act since Congress gave the state the right to obtain such waivers in 1967.

Brown said the EPA has attempted to kill a legal, viable policy tailored to help California deal with projected consequences of global climate change. Rising seas could erode the state's coastline and top its levees, while warming temperatures are expected to reduce the Sierra snowpack, leading to a potential water crisis.

"To curb the innovative efforts of California and other states makes no sense," Brown said.

During a news conference announcing the lawsuit, Brown said the EPA's decision appears to have been made after "White House pressure, automobile influence or some other lobbying pressure."

He filed the suit in the San Francisco-based 9th Circuit, which is viewed as more friendly to the state's position than other federal courts. Brown said he expects the Bush administration will seek to have the case transferred to the more conservative federal appeals court based in Washington D.C.

"We understand this is a long fight that may go to the Supreme Court," Brown said. "We feel this is going to be a struggle."

Anger in Congress
The denial angered members of Congress, including California Democrats who sit on key committees. Sen. Barbara Boxer and Rep. Henry Waxman, who chair the committees that oversee the EPA, said the agency ignored the legal requirements in the Clean Air Act.

Last week, the EPA said it would turn over all documents about its denial of the California waiver request to congressional committees that have promised hearings into the decision. That includes the agency's communications with the White House.

The auto regulations are a major part of California's global warming law, which aims to reduce greenhouse gases statewide by 25 percent — to 1990 levels — by 2020. Auto emissions account for about 17 percent of the state's proposed reductions.

California Air Resources Board chairwoman Mary Nichols said the state expects to obtain its waiver by appeal and does not plan to shift its greenhouse gas-reduction strategy.

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