Gov. Jim Douglas appealed to President George Bush today (Friday) to let California have its waiver for tougher vehicular emission standards and let other states enact those tougher standards, too, if they so choose, as allowed under the federal Clean Air Act.
In his letter, Douglas reminds Bush of his political roots -- or at least one segment of his roots -- as a former governor. I'm paraphrasing, but Douglas basically says remember when you wanted flexibility and didn't want someone in Washington telling you what to do?
I wondered if Bush looked at letters like this and if he replies. Jason Gibbs, Douglas spokesman, said, "We usually get an acknowledgement" from White House staff.
The tone of the letter, which is copied below, is understated disappointment. Why not use some tougher language? Gibbs said, "It is hoped that by writing out of respect, the president will intervene." Douglas wants Bush to call off the U.S. Department of Transportation, which has been pressing the Environmental Protection Agency to deny California its waiver.
So which will get the desired response from the federal government, this letter (which you can check out below) or the lawsuit California filed and Vermont has joined?
Dear Mr. President:
I'm writing to urge you to support the states that are ready to enforce their own
tougher regulations on emissions from cars, trucks and sport utility vehicles by directing
the Environmental Protection Agency (EPA) to grant California's request for a waiver
under the Clean Air Act.I would also like to take this opportunity to express my disappointment that
members of your administration have lobbied Congress, and the EPA, in an effort to
undermine the ability of states to adopt their own emissions standards. I know that you,
as a former governor, appreciate the need for federal flexibility and it is my hope you will
support the latitude required to implement these responsible and innovative state policies
and communicate this support to your administration.
As you know, under the federal Clean Air Act, California is the only state
permitted to develop and adopt motor vehicle emission standards provided that EPA
grants California a "waiver." Congress gave California this special status in 1967
because of their pioneering efforts to address air pollution from motor vehicles. The
Clean Air Act also provides other states with the option of adopting California's emission
standards, but the standards are not enforceable until EPA grants California's request for
a WaIver.
A federal district court has upheld Vermont's regulations that adopt California's
greenhouse gas emission standards for new motor vehicles and rejected claims by the
automobile industry that the regulations were unlawful. The court concluded: "In light of
public statements of industry representatives, history of compliance with previous
technical challenges, and the state of the record, the Court remains unconvinced
automakers cannot meet the challenges of Vermont and California's [greenhouse gas]
regulations."
This decision is a victory for the citizens of California, Vermont and the other
states that have adopted these emissions standards. Moreover, the decision provides
persuasive legal authority for additional states to move forward with adopting these
standards and deflates threats of litigation made by the auto industry.
Our greenhouse gas emission standards are divided into 2 sets - one set for
passenger cars and smaller light duty trucks, and another for heavier light duty trucks and
medium duty passenger vehicles - that will be phased in on a graduated basis between
model years 2009 and 2016. Automobile manufacturers may use multiple approaches to
meet the standards, including using alternative fuels, taking advantage of air conditioning
credits, and improving engine and powertrain efficiency.
In Vermont alone the standards are expected to reduce greenhouse gas emissions
frommotorvehiclesby approximately30%- or morethan2,600tonsper day.
Moreover, the standards will also reduce emissions of other air pollutants such as
benzene, non-methane organic gases, oxides of nitrogen, and carbon monoxide.
The court's decision in Vermont has cleared the way for EPA to grant a waiver
for California's greenhouse gas emission standards. The court's finding that the evidence
"supports the conclusion that regulation of greenhouse gases emitted from vehicles has a
place in the broader struggle to address global warming" disposes of any argument that
California does not need the standards to meet compelling and extraordinary conditions.
Perhaps most notably, the court's conclusion that the automakers "failed to carry
their burden to demonstrate that the regulation is not technologically feasible or
economically practicable" illustrates that the California standards are indeed consistent
with the relevant section of the Clean Air Act. I again urge you to direct the EPA to grant
the waiver without any further delay.
-- Nancy Remsen
