California Sues EPA For Stonewalling Landmark Global Warming Law

Office of Attorney General, Nov 26, 2007

WASHINGTON D.C. — In a precedent setting lawsuit, California Governor Arnold Schwarzenegger and Attorney General Edmund G. Brown Jr. sued the U.S. EPA, to force the agency to take action on California’s request to curb greenhouse gas emissions from motor vehicles. The lawsuit, filed today in Washington D.C., charges the EPA with an unreasonable delay in reaching a decision on California’s landmark law, known as the Pavley bill, which mandates a 30 percent reduction in motor vehicle emissions by 2016.

“Despite the mounting dangers of global warming, the EPA has delayed and ignored California’s right to impose stricter environmental standards,” Attorney General Brown told a news conference at the state capitol with Governor Schwarzenegger and California Air Resources Board chair, Mary Nichols. “We have waited two years and the Supreme Court has ruled in our favor. What is the EPA waiting for?” Brown asked.

Under the Clean Air Act, passed in 1963, California can adopt environmental standards that are stricter than federal rules, if the state obtains a waiver from the U.S. EPA. Congress allowed California to impose stricter laws in recognition of the state’s “compelling and extraordinary conditions.” After a California waiver request is granted, other states are permitted to adopt the same rules.

In the Act’s 40-year history, EPA has granted approximately 50 waivers for innovations like catalytic converters, exhaust emission standards, and leaded gasoline regulations. In today’s lawsuit, California asserts that EPA has failed to act in a reasonable length of time.

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