Climate Change/Environmental
10/10/2009 2:14:51 PM EST
U.S. Chamber & National Association of Auto Dealers file petition with D.C. Circuit to overturn California vehicle GHG waiver; major companies withdraw from Chamber in protest over opposition to climate change legislation
Partner, Ropers Majeski Kohn & Bentley
As noted in prior posts, in May the Obama Administration overturned the Bush Administration denial of California’s request to implement its own GHG standards for automobiles. As part of the arrangement, EPA agreed to issue its own regulations modeled after California’s, and California agreed to take steps to ensure that compliance with the EPA standards constituted compliance with California’s standards. Thus, the Balkanization of GHG regulations for cars (a major argument of opponents) would be avoided.
Because the auto companies had been involved in structuring the arrangement, it had been assumed that the issue was resolved. Silly goose. The U.S. Chamber and the National Association of Automobile Dealers have filed a petition with the D.C. Circuit to overturn the waiver. The petition is a one-page filing that sets forth no reason for the reversal; no reason needs to be given in the petition. Chamber et al v. E.P.A. et al, D.C. Circuit, Docket 09-1237 (9/09).
According to various media reports, a number of companies have resigned from the U.S. Chamber in protest over its opposition to climate change legislation. Being ever diplomatic, the Chamber has made rather unkind comments about these entities. What the split shows is that major business companies will be supporting legislative initiatives on the issue. Among those leaving are P.G.&E. (the largest utility in Northern California), Exelon (one of the largest utilities in the U.S.), Apple, and PNM Resources (the holding company that includes the largest utility in New Mexico). A number of firms have also expressed their concern about the Chamber’s position, including Nike, Johnson & Johnson, Duke Energy (which did withdraw from NAM over its climate position), and Alcoa (which also quit the coal coalition). Some commentators have noted that a natural division would arise between utilities that are coal dependent, and those that rely more on nuclear power. See, for example, http://www.nytimes.com/2009/09/29/business/energy-environment/29chamber.html, http://greeninc.blogs.nytimes.com/2009/10/05/apple-resignes-from-chamber-over-climate/, and http://www.washingtontimes.com/news/2009/oct/06/climate-bill-backers-quit-chamber-of-commerce//print/. Create an account or login to post comments.