Archive for the ‘Federal preemption’ Category

18 states intervene to support EPA waiver letting California set new vehicle emissions standards

October 8, 2009

Back in July, EPA reversed its prior decision and granted California’s request for waiver of federal preemeption, allowing California to regulate greenhouse gas emissions from new motor vehicles.  The U.S. Chamber of Commerce (USCC) and National Automobile Dealers Association (NADA) filed a petition for review and statement of issues with the Court of Appeals for the D.C. Circuit, asking the appellate court to reverse the waiver.

Today, a coalition of 18 states moved filed a motion to intervene on California’s behalf.  The coalition states are Arizona, Connecticut, Delaware, Florida, Illinois, Iowa, Maine, Maryland, Minnesota, Massachusetts, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont and Washington.

Commentators argue California’s authority to set its own emissions is an effective means encourage automakers to make cleaner and more efficient vehicles.  Others advocate a standardized national auto market to achieve the same goals.

California’s standards will apply from model years 2009 to 2011.  According to EPA, national compliance will then count for state compliance for from 2012 to 2016.

EPA provides a description of the California waiver and waiver-determination process here.

Obama’s Presidential Memorandum ordering EPA to review it’s initial decision: here.