In this Emerging Issues Commentary, Alyssa Moir of the Marten Law Group reports on a lawsuit filed on November 8, 2007, by California against the Environmental Protection Agency seeking to compel the agency to act on a 2005 waiver request under the Clean Air Act that would allow California to adopt greenhouse gas vehicle emission standards on new cars and trucks.

Ms. Moir writes: "The crux of CARB’s argument is that the EPA has had more than sufficient time and information to review the state’s waiver request. CARB acknowledges that it must first prove that its regulations are 'as least as protective of public health and welfare as the applicable Federal standards.' The complaint then focuses on the three exceptions, one of which the EPA must find in order to deny the state’s application for a waiver from federal preemption. These exceptions are that: (1) California’s determination of protectiveness is arbitrary and capricious; (2) California does not need the standards to meet compelling and extraordinary conditions; or (3) The standards and accompanying enforcement procedures are not consistent with 42 U.S.C. § 7521(a). CARB argues that the EPA has the necessary information to conclude whether California’s standards are as protective as the federal standards, and has had enough time to review CARB’s comprehensive rule-making procedures to determine that the action is not arbitrary and capricious. CARB argues that California needs the regulations to meet compelling and extraordinary climate conditions. CARB asserts that the EPA is already aware that 'through its administration of other provisions of the Clean Air Act, that criteria air pollutants in California’s South Coast and San Joaquin air basins continue to exceed national air quality standards,' and that the EPA is 'also aware of the perils of global warming, as it has been separately studying global warming effects since at least 1984.'"

Along with providing background information on this suit, Ms. Moir reviews California's arguments in favor of the waiver and then discusses the automakers' opposing views. Insight is also provided into the challenges of litigating this suit and the consequences that may result for California, Congress, and automakers if the waiver is granted.

For the complete commentary, click on the link below.

Marten Law Group: California Files Suit to Compel Decision on New Motor Vehicle GHG Emissions Standards