California Demands U.S. EPA Act|On State’s Auto Emissions Law

WASHINGTON (CN) - The State of California sued the U.S. Environmental Protection Agency in Federal Court, demanding that the EPA act on California's request for a waiver of federal pre-emption of California's Pavley bill, which requires 30 percent reduction in emissions of greenhouse gases from vehicles by 2016. "We have waited two years and the Supreme Court has ruled in our favor," Attorney General Jerry Brown said. "What is the EPA waiting for?" California said an EPA ruling is needed now "because manufacturers cannot market their 2009 model-year vehicles in California without first certifying them."

"Marketing of the 2009 models can begin as early as January 2008," the State claims. "Also, at least 14 other state have adopted or are considering the adoption of the same emission standards for new vehicles sold in their states. Implementation of their regulations depends on the USEPA first granting California's waiver application.

"USEPA has unreasonable delayed action on the requested waiver. The agency has had nearly two years since CARB (the California Air Resources Board) applied for the waiver to review the application and supporting materials and to make a decision. ... Of the approximately 98,000 comments referenced in the USEPA's docket, more than 99.9% support the GHG (greenhouse gas) Regulation. Only one automaker subject to the GHG regulation submitted any opposition to the USEPA. Two automaker trade groups submitted opposing comments."

The State asks the court to compel the EPA to act. See complaint.

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