Climate Change/Environmental
11/12/2007 3:23:44 PM EST
Marten Law Group on Green Mt. Chrysler Plymouth Dodge Jeep v. Crombie: Court Upholds State's Right to Regulate GHG Emissions from New Motor Vehicles
Attorney, Marten Law Group
A Vermont federal district court’s ruling in Green Mountain Chrysler Plymouth Dodge Jeep v. Crombie that state-level greenhouse gas (GHG) emission requirements for new motor vehicles are not preempted by federal fuel efficiency standards is examined by Dustin Till of the Marten Law Group in this Expert Commentary. Acting to fill a federal vacuum in GHG regulations, at least 16 states have adopted legislation or joined regional pacts mandating strict GHG emission reductions, and Vermont and 10 other states have adopted California’s proposed strict vehicle emission standards, which are currently under review for a preemption waiver by the Environmental Protection Agency (EPA). Mr. Till concludes by providing insight into what may happen if this case is reversed on appeal or if EPA denies California’s waiver.
Excerpt:
At issue in Green Mountain Chrysler, was the interplay between two federal statutes that regulate motor vehicles: the Clean Air Act and the Energy Policy Conservation Act (EPCA). The central goal of the Clean Air Act is to “protect and enhance the quality of the Nation’s air resources.” To that end, the Clean Air Act requires EPA to develop standards for controlling pollutant emissions from new motor vehicles. Except under limited circumstances, the Clean Air Act explicitly exempts the states from adopting or enforcing motor vehicle emission standards. Because California enacted automobile emissions regulations several years before the federal government did, there is a limited exception from the general rule of federal preemption. Specifically, EPA may grant a preemption waiver for emission standards adopted by California so long as they are “in the aggregate, at least as protective of public health and welfare as [the] federal standards.” Other states may, in turn, adopt the California standards so long as they are adopted at least two years prior to the model year to which they will apply.
EPCA, on the other hand, is concerned with motor vehicle fuel efficiency standards. Under EPCA, the National Highway Traffic Safety Administration (NHTSA) establishes fleet-wide average fuel efficiency standards for passenger cars and light trucks, known as corporate average fuel efficiency or “CAFE” standards. NHTSA considers the following factors when developing CAFE standards: (1) technological feasibility; (2) economic practicability; (3) the effect of other federal motor vehicle standards on fuel economy; and (4) the need of the nation to conserve energy. EPCA also explicitly preempts state regulations relating to average fuel economy standards applicable to automobiles covered by such federal standards.
For the complete commentary, click on the link below.
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