California: Our Standards are Better Than the Feds'

Posted on May 9, 2008 by Dennis Pfaff

California's approaches to cleaning up automobile greenhouse gas emissions are better than those recently proposed by the federal government -- according to California.

The California Air Resources Board this week released a new study that it said "conclusively demonstrates" that the state's mandate for cutting tailpipe emissions believed to contribute to global warming achieved more than 40 percent greater reductions than new federal mileage standards announced last month (see press statement here; full report here).

The document constituted the latest salvo in the continuing war of words -- and lawyers -- between the state and federal government over how best to address potentially climate-changing pollution from cars and other sources. California is currently in court challenging the Bush administration's refusal to allow the state's vehicle standards to proceed (see Climate Law Update story here). State officials have also reacted negatively to the new federal plan, seeing in it a poison pill that would prevent California and other states from moving forward with stricter controls (see Climate Law Update story here).

Release of the new report came as automobile executives and Gov. Arnold Schwarzenegger met at the state Capitol on the issue. According to some press reports, the leaders discussed some cooperative approaches to reducing emissions, even as they appeared to give little ground elsewhere (see San Diego Union-Tribune story here).   

The automobile industry has already lost challenges in federal court to the California standards, including a decision last year by U.S. District Judge Anthony Ishii in Fresno rejecting claims that federal law trumped the state (see ruling here). 

The U.S. Supreme Court, also ruling in the context of automobile emissions, last year issued its landmark Massachusetts v. EPA decision holding that the U.S. Environmental Protection Agency had the authority to regulate greenhouse gases as pollutants under the Clean Air Act. Numerous states, including California, are now pursuing legal action to force the EPA to take further steps to comply with that ruling (see Climate Law Update story here). President Bush has criticized the effort to employ the clean air law and other federal statutes in the climate change area, citing the potential effect on the nation's economy (see Climate Law Update story here).

Dave McCurdy, president of the Alliance of Automobile Manufacturers, who attended the meeting with Schwarzenegger, told the San Diego Union-Tribune the industry is adamant about holding out for a national standard. The industry trade group was one of the plaintiffs in the case before Ishii.

The California air board's report was based on a comparison of greenhouse gas reductions from cars and trucks under the state's standards, and under the schedule for fuel economy standards proposed for 2011 through 2015 as outlined by the National Highway Traffic Safety Administration.

According to the results, by 2016, the California standards would prevent a total of 55 million metric tons of carbon dioxide from being emitted into the air in California, compared to 36 million metric tons under the federal requirements. It also looked at what would happen if all 50 states adopted California's approach, finding it would produce sharply deeper reductions than the federal standards.

 (Wikipedia photo)
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Federal Officials Begin Complying With Greenhouse Emissions Ruling For Vehicles

Posted on March 28, 2008 by Dennis Pfaff

U.S. Transportation Department officials Friday formally took steps to begin complying with a federal appellate court ruling last year that, among other things, required the agency to consider global warming when setting fuel economy standards for certain motor vehicles.

The move by the department’s National Highway Traffic Safety Administration came a day after the California Air Resources Board reduced its previous requirements for the number of zero-emission motor vehicles that manufacturers must sell in the state in coming years. However, the air board’s chairwoman Mary Nichols also moved toward streamlining California’s automobile emissions standards, including those that deal specifically with greenhouse gases, so that they synchronize (see press release).

At the national level, the highway transportation agency published a notice in the Federal Register (see text) that it was moving ahead with plans to prepare an environmental impact statement on its fuel economy standards for cars and light trucks. The notice said the agency in preparing the document would “consider issues raised” in the litigation that resulted in a Ninth U.S. Circuit Court of Appeals ruling last year throwing out the Bush administration’s earlier standards governing sport utility vehicles and other light trucks such as pickups. That ruling was based, in part on the fact that that officials gave no value to carbon dioxide emissions reductions (see text of ruling). The court ordered the agency to come up with new standards and to prepare a full environmental impact statement.

Friday’s notice did not say precisely when all the work would be completed, only that it expects to prepare a draft environmental statement for public comment and a final document to support the new standards “later this year.” It said the document would "consider the potential environmental impacts of new fuel economy standards for model year 2011-2015 passenger cars and light trucks" that the highway safety agency would be proposing pursuant to last year's Energy Independence and Security Act. That new law mandates improved vehicle mileage (see President Bush's press release).

Brendan Cummings, a California attorney for the environmental group Center for Biological Diversity, which successfully sued the highway agency over the mileage standards, expressed some cautious support for the new development. But, he told Climate Law Update, “it shouldn’t have taken a lawsuit for the federal government to realize fuel economy standards are one of the best ways we can address global warming.” He said a “true analysis of the societal and environmental costs” of carbon emissions would lead to “much higher fuel economy standards.”

Noting that the Federal Register notice avoids any mention of greenhouse gases or global warming, Cummings said the agency still appeared to be “in denial or delusional or intentionally hiding the ball, or all three.”

Eric Bolton, a transportation department spokesman, referred questions about the Federal Register statement to the document itself.

“Everything is supposed to be in there,” he said.

The California air agency’s vote reduced to 7,500 cars the number of non-polluting vehicles that major automakers are supposed to sell in the state from 2012 to 2014. The previous requirement had been 25,000 but officials realized that development of qualifying vehicles appeared to be lagging. The board also established a requirement that could result in 58,000 new plug-in hybrids over that same period. However, if manufacturers produce 25,000 no-emission vehicles, there are no remaining plug-in hybrid requirements. 
 

In addition, the agency will move forward with plans to meld together its programs designed to cut smog-forming pollution, which was the original intent of the emissions standards, with those meant to curb greenhouse gases. Those latter standards have run into an obstacle at the federal level, where the Environmental Protection Agency has refused to grant the state a needed waiver to proceed (see previous Climate Law Update story). State officials have sued to overturn the decision.

“That’s to simplify the program and make it easier to understand,” said air board spokeswoman Gennet Paauwe. “What the board felt, it was time to overhaul the program.”

She said while the state awaits a resolution of the waiver issue it has to move forward with developing the regulations.

Nichols, in the air board’s statement issued Thursday, said the decision would lead to more green choices for consumers while continuing to pressure automotive engineers to make improvements.

“We must continue to push for all types of technologies – fuel cells, electric vehicles and hydrogen-powered cars – as we fight our duel battles against smog and global warming,” she said.

(Photo: California State University-Pomona)
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