Florida Joins California Emissions Lawsuit Against EPA

7 February 2008

The Florida Department of Environmental Protection (DEP) last week joined the lawsuit filed in January by California seeking to overturn the US Environmental Protection Agency’s (EPA) waiver denial. The EPA recently denied California’s request for a waiver from federal rules in order to enforce state regulations to limit greenhouse gas emissions from light-duty vehicles. (Earlier post.)

With Florida’s filing, more than 17 states have intervened in support of California’s lawsuit, including: New York, Maryland, Minnesota, Iowa, Massachusetts, Arizona, Connecticut, Delaware, Illinois, Maine, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington and the Pennsylvania Department of Environmental Protection.

In Florida, the transportation sector represents about 46% of the state’s total carbon dioxide emissions according to DEP’s data. Passenger vehicles alone generate 64% of carbon dioxide emissions in the transportation sector or 81 million metric tons. Based on current projections, by DEP, Florida’s total carbon dioxide equivalent will top 420 million metric tons by 2020— – approximately double the amount from 1990.

More than 16 states, including Florida, have adopted, or are in the process of adopting, California’s automobile emissions standards. At his event, “Serve to Preserve: A Florida Summit on Global Climate Change” held last July in Miami, Governor Crist directed DEP to initiate rule-making to adopt the California motor vehicle emission standards. Since that time, DEP has held two rule-making workshops and accepted public comment to help draft rule language. While the waiver issue is currently in litigation, the rule-making process will continue to move forward, with the third workshop planned for March 2008.

The Florida DEP can and will continue its rule-making process for the items mandated by Governor’s Executive Order 127, including capping utility emissions and diesel engine idle reduction standards, which do not require the EPA waiver and implementation. However, Florida would be unable to adopt a greenhouse gas standard for tailpipe emissions if the denial is upheld.