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California Governor Notifies EPA of Coming Lawsuit

13 June 2007

California Governor Arnold Schwarzenegger notified the US Environmental Protection Agency (EPA) that California will file a lawsuit against the federal government six months and one day after the required notice was originally sent on April 26, 2007.

Last Friday, US EPA Administrator Stephen Johnson indicated to the US House of Representatives Special Committee on Global Warming that he will wait until late next year to decide on whether to issue regulations controlling emissions from vehicles.

By announcing the EPA’s intention to not act on California’s waiver until late next year, the Governor says, the US EPA is preventing California and other states from taking action to reduce greenhouse gases. (Earlier post.)  Eleven other states have adopted the California standards as their own and six more are now in the process. The group of states makes up about one-third of all US auto sales.

The eleven other states that have adopted California’s vehicle emissions standards include: Vermont, New York, New Jersey, Massachusetts, Connecticut, Maine, Rhode Island, Pennsylvania, Maryland, Washington and Oregon.

In the letter he sent to Johnson, Schwarzenegger wrote:

Nearly eighteen months ago, the State of California requested a federal preemption waiver for California’s motor vehicle greenhouse gas emissions standards.  Last Friday, you told the U.S. House of Representatives Special Committee on Global Warming that you will wait until late next year to decide on whether to issue regulations controlling emissions from vehicles.  More recently still, the U.S. Department of Transportation defended the fact that department officials are contacting members of Congress and urging them to oppose our efforts to fight global climate change.  Under your time period, California will have waited about three years for a decision that has been made in our favor more than forty times in the past.  By that time, especially given a federal agency’s active opposition to our waiver, our respective governments will be embroiled in a lawsuit over these regulations.

...Given your comments in front of the Special Committee and the work of the US Department of Transportation, a lawsuit on the 181st day now appears to be inevitable.

...The US Environmental Protection Agency (EPA) is obligated under the federal Clean Air Act to grant in a reasonable time period our request for action.  If the EPA does not act on California’s waiver request by October 22, 2007, the Air Resources Board will file a lawsuit.  While protecting Californians from the threat of global climate change should not be forced into the court room, I am fully prepared to take whatever legal or political actions are necessary to ensure this threat is avoided.

June 13, 2007 in Climate Change, Policy | Permalink | Comments (28) | TrackBack (0)

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Some days, its hard not to feel like Sisyphus.

Some days, its hard not to feel like Sisyphus.

How does California intend to fight Global Warming when they have the most SUV's, luxury and sport vehicles.

A big part of our taxes goes towards building and maintaining roads. Best thing is for Govt's to reduce our taxes and charge us for using roads.

They can calculate the miles travelled in a year when we go to DMV for registration and charge us on the miles basis and use that money for road maintenance.

Ideally the charge should be based on vehicle weight.

This will make people feel the actual cost of a operating a vehicle and may opt for public transport / carpooling, etc.

So lesser the miles travelled, lesser the pollution, lesser the dependence on foreign oil. After all, Oil is becoming expensive day by day.

"he will wait until late next year to decide on whether to issue regulations controlling emissions from vehicles."

Why would anyone say anything that dumb? Has he confused himself with a nail?

If he intends to delay and defeat - I have to assume he does - there are plenty of ways to do it.

AB: Weight and milage seems overly complicated.

Tax everyone at the pump per gallon for user/polluter pays model. This in my opinion would be the easiest. If you drive/consume/pollute a lot, you pay more. Simple.


Dear California,

The US Congress is currently working on an energy bill that will govern the entire country. Mandates passed by you as well as other states and major cities have created 'Boutique Fuel' bottlenecks. This is one of the reasons gas is so expensive.

Request for waiver; DENIED

As predicted, the Bush administration is trying its hardest to not only do nothing but also to prevent anyone else doing anything serious about potentially catastrophic climage change. These guys should be sharing rooms with the other terrorists down in Gitmo.

"Boutique Fuel' bottlenecks" and expensive gas - now those are examples of real earth threatening disasters. What is this climate thingy anyway??

Arnold has 7 Hummers, how much CO2 do they produce? He was going to convert one of them to hydrogen and then found out what it would cost.

Marcus:

If it's all Bush's fault, why is there legislation put forward by several prominent House Democrats that would prevent California and other states from regulating CO2?

Cervus did I ever say Bush was the only problem? Clearly being president however raises his profile somewhat and makes him a fairly significant - make sure nothing significant gets done - force. Especially when it comes to action by the Environmental Polluting Authority.

The EPA: postpones until late next year action on California's emissions standards waiver.

Gov. Schwarzenegger: postpones indefinitely the California High Speed Rail vote.

If you think that suing someone can speed something up, you do not know how the American Judaical System works. I can guarantee you that there will be no decision in this lawsuit until well after President Bush, Gov. Arnold, and a lot of other guys too, are retired from public life. Indeed, if anything the suit will slow the EPA down.

Slow the EPA down in doing what? Are you suggesting they are actually planning on doing something useful? Surely you jest.

Have we forgotten that the nation's energy policy was written by the oil industry and Dick Chaney behind closed doors; and it's still a national secret who attended?

The EPA is stonewalling California and this administration has mastered the process. The idea is to play along and do nothing but sing. Singing does nothing, cost nothing and burns daylight.

Nothing will happen in this case until we get a new president. Until then it is up to the people to do something about GHGs. The Bush administration certainly has no intentions of working on the problem.

"The US Congress is currently working on an [inadequate and corrupt] energy bill that will govern the entire country. Mandates passed by you as well as other states and major cities [all the intelligent ones, anyhow] have created 'Boutique Fuel' bottlenecks [somehow, even though there is no difference between the fuel in California and most of the rest of the country]. This is one of the reasons gas is so expensive [and I hate that because I drive a one ton pickup truck to my job as retail cashier]."

Joesph, if you can't even spell your name right, nobody will find your information credible. I thought the oil companies insisted high prices were due to 'supply and demand'?

Sell the car, buy a clue.

No surprise here. Court rulings mean nothing to these outlaws in the Bush administration as they feel they embody all three branches of government. So, in the age of terror, let's just keep shuffling those increasingly worthless dollars to those who are out to kill us. But terror is only a problem when Bush uses that meme to get what he wants or, in this case, doesn't want.

The only things that are too bad about this lawsuit is that it won't be filed for several months, won't be settled until after these jokers leave office, and no one will go to jail over it.


Bike Commuter Dude

Please get facts before slinging mud.

FYI: My daily driver is a 48 mpg TDI. Most of the fuel I burn comes from IOWA. My handle here is spelled 'Joesph' because 'Joseph' was already an active poster, I thought I was being respectful for not hyjacking someone else's handle.

Here in the southwest 'boutique fuels' cause the price of gas to be from 25 to 40 cents higher per gallon than the Natl Avg. Although I do not buy alot of gas. I do buy beef and milk and eggs and a whole bunch of other stuff that has seen large increases in price due to transportation costs.

Go Arnold! Keep the greedy sycophants feet
to the fire. Maybe congress will find a
coalition to mandate EPA action, but I doubt
it. California and the other states are doing the
whole US a favor.

More boutique gas would be even better. We need it at $7 a gallon like yesterday.

The EPA is set up to set standards to limit pollutants.

It does a pretty good job of that. The US vehicle emissions standards are tougher than any others in the world including the ridiculous low standards set by the Socialist governments run by Greens or out right Communists. And we know that these people are not corrupted by the money motive as well and only wish the best for the environmment. Look what these jokesters taught us; by making the East Bloc a fine example of pollution run amok.

The true believers in CARB succeeded by their hubris in setting standards that had little science behind them and proved impossible to meet, that they were forced to retract after bleeding R&D and setting back auto design advances by half a decade or more.

These same hubris instincts now want them to regulate not another pollutant, but a single necessary trace gas, while mandating emissions of equally non pollutants that have even worse GHG effects, as if that were a bad thing. I'm talking about simple water vapour, good old H20 some 16 times as as efective as a GHG in equal quantities.

Within five years this nonsense of CO2 and global warming will have been scientifically laid to rest although it will take a while to permeate through the brains of political know nothings or hacks with an axe to grind.

The IPCC has been yeilding ground grudgingly, in both IPCC TAR III and IPCC TAR IV but IPCC TAR V will lay it to rest as the Science of Solar irradiation becomes incontrovertible and and impossible to refute any longer. Plus the sinks of CO2 will be better understood, revealing that the North America continent is behaving as a CO2 sink as the atmosphere blowing in from the Pacific is elevated in CO2 versus the air blowing out to the Atlantic is depressed of CO2. How can this be? Especially as the US is supposedly this great polluter? Simply the fecundity of the agriculture and the reforestation of the Continent accounts for the difference.

Stan buddy: Being Green has nothing to do with left, right, center, communist or fascist. Think of "green" as a form of personal hygiene. Do right wingers like yourself crap in your living room? So quit calling anyone who tries to keep the world clean a communist. If US emission standards are tough, a lot of the credit has to go to California.

Neil,

I do not consider muyself anything other than a true environmentalist. I created one environmental organization in the'70s; and was a charter member of a a second, the Union of Concerend Scientists, starting to question the deficiencies in fission power plants long before the mobilized knot-heads knew a thing about the problems. I was appalled that the cynics in the UCS offered that many could be gulled into marching and chanting "No Nukes".

But I saw up close these organizations taken over by nothing other than left wing cynics who didn't & don't give a damn about the environment, but needed a well paid soapbox.

The UCS is now a standing joke. Someday they might actually hire a Scientist, once again. Dr. Patrick Moore, a founder of GreenPeace, has the same position as I do. His GreenPeace is a standing Joke as well. The phony watermelon Greens have taken over and turned many of them, including these two, into waht I can only call leftist front organizations.

Where do you think the world's supply of Marxists went their God died?

Stan: Is there any chance you actually miss the Cold War? It had a certain clarity to it, don't you think? Now that it's over and Marxist/Leninist Communism has been thoroughly discredited as an economic system all you are left with are some liberals (and climate scientists) to try and re-brand with the "commie pinko watermellon" label of villainy. Time to move on. :)

Can Arnold stop the Californians from being such horrendus polluters with out GW help. Don't they have the smoggiest cities and as previously mention more SUV's and sprots cars. Priceless!!!!

Neil:

Totally agree that environmental consciousness is like personal hygiene. I recycle everything religiously, probably because I have personal experience inspecting landfills. However, noble idea of environment protection is politicized way overhead. I am trying not to politicize on this blog, but consider this:

Czech Republic President Vaclav Klaus, Financial Times, June 13 2007:

"As someone who lived under communism for most of his life, I feel obliged to say that I see the biggest threat to freedom, democracy, the market economy and prosperity now in ambitious environmentalism, not in communism… global warming hysteria is a prime example of the "truth versus propaganda” problem."

Disclaimer: I do not agree with Stan on all his claims, sorry.

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