On Wednesday the Regime announced that it was denying California's request for a waiver under the Clean Air Act so it could begin enforcing a tougher tail pipe emissions standard. Seventeen states have announced they are willing to follow California's lead and enforce more stringent air quality standards. The announcement was not a surprise since the Regime has faithfully dedicated itself to delaying or obstructing any further regulation of the products of the oil and automobile industries. California, as the state with the most automobiles on the road and the worse smog problem, began mandating standards for new autos over 40 years ago. When the federal Clean Air Act was adopted in 1970 California was specifically granted an exemption to enforce higher standards to force development of better technology, and in recognition of the severe air quality problems in the Los Angeles Basin. In 1977 the exemption was extended to other states who wanted to adopt rules that were as strict as California's. The exemptions were generally viewed as beneficial since they gave auto makers an opportunity for experimentation while sparing them a potentially conflicting maze of fifty state regulatory schemes. Over the years California has requested and received fifty waivers under Clean Air Act Section 209.In 2004 California requested a waiver to enforce air standards requiring an improvement of 30% by 2016 in greenhouse gas emissions. These standards would require fuel economies far in excess of those recently signed into law. The EPA dodged the request for three years by claiming it did not have authority to regulate carbon dioxide emissions because it was not specifically named as a pollutant under the 1970 law. The Supreme Court court flattened that argument in April, ruling that the Clean Air Act extends to greenhouse gases causing global warming. The auto makers immediately moved into lobbying mode, seeking regulations or legislation preventing the EPA from granting a waiver to California, its biggest state market. The result of their effort was the denial of a 209 waiver, the first in the history of the Clean Air Act.
The Regime's rationale for the denial is simply put, ludicrous. It claims that because global warming is, well a global problem, Section 2o9 does not apply because it says EPA should not grant a waiver unless it is needed "to meet compelling and extraordinary conditions." Let me repeat that in case your hearing stopped at the end of that sentence. The Regime says that since the heating of the planet caused by auto emissions, and other sources of heat trapping gases, is not unique to California, a waiver is inappropriate. Classic doublethink. EPA Administrator Steve Johnson said on Wednesday, "Previous waiver petitions covered pollutants predominately impacted local and regional air quality. These gases contribute to...global climate change affecting every state in the union." One can only shake their head in amazement.
Governor Schwarzenegger announced that his state would sue EPA to gain the right to impose stricter standards for greenhouse gas emissions. Other states, such as Oregon, will join in the suit. Chances are good that California will receive a waiver. Not only does the language of the statute support it's petition, but also the legislative history of the Act shows that it was intended to address air quality problems in the nation regardless of local conditions. Congress extended the waiver provision to all states wanting to adopt stricter air quality standards but do not have as many vehicles on their roads or the topographic factors contributing to smog. But law suits take time to decide, so the Regime has at least bought it's corporate patrons another two years. If California and seventeen other states were able to adopt the proposed standards now, it would mean a tougher than federal standard covering half the cars on the market. That is the reason automakers are opposed to granting a waiver. As it stands now the Decider will be cutting brush in a hotter Texas by the time the new, necessary standards are ever imposed on an uncooperative industry.