CA Sues EPA Over Vehicle Emissions (Again)

The state of California is again taking the federal EPA to court, asking for the agency to rule on a request to limit greenhouse gas emisssions.

Prompting the agency to act might not be wise as receiving a waiver to do so is not assured. The EPA has been slow to respond to the December 2005 request for a waiver to enact emissions laws that supercede federal regulations. The EPA lost a fight not to regulate greenhouse gas emissions but has yet to determine a course of action.

California has had great success in receiving waivers in the past for limiting other pollutants. Once these waivers are granted the new laws, which because California is by far the largest car market and having several states following its lead, becomes the de facto law of the land. California has been criticized for abusing this market power in the past.

However, this waiver is different because while other emissions are shown to have tangible effects on the environment and citizen health, the primary driver for limiting green house gas emissions is because of its contribution to global climate change. A straightline cannot be drawn between California's CO2 emission and any resulting climate change phenomena in the state. The EPA could argue that even if CA cars produced no emissions, climate change might still occur. The science of connecting increased hot days or storms is unclear at best, they could argue, and even refer to the small minority of scientists who deny human contribution altogether. California might have to build the case that greenhouse gas emissions do have local affects on health to be successful.

The current political and social trends are swinging towards reducing greenhouse gas emissions, but if the EPA denies the waiver, this case will be in the courts for years to come.

California's recent attorney generals Jerry Brown and Bill Lockyer have shown a predisposition for emissions lawsuits including an an ill-fated attempt to sue auto makers for past emissions. The EPA has said that it would rule before the end of the year, so filing a lawsuit now be seen as premature.