Los Angeles Times - 21.09.2019

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Water, Energy,

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and You

LA19-CR

VISITnieonline.com/latimesTO ENROLL

THE NATION

WASHINGTON — A
coalition of states led by
California filed a lawsuit
Friday against the Trump
administration, challenging
its decision to revoke a rule
that empowers the state to
set tougher car emissions
standards than those
required by the federal
government.
The lawsuit seeks to de-
fend California and the 13
other states that follow its
car pollution rules from the
administration’s latest ef-
fort to loosen environmental
regulations. It maintains
that the special waiver the
state has relied on for the
last 50 years to set its own
standards is not only lawful
but essential to protecting
California’s air quality and
preventing the worst effects
of climate change.
Attorneys general from
22 other states and the Dis-
trict of Columbia joined the
lawsuit, as did the cities of
New York and Los Angeles.
The list includes states that
have adopted California’s
more stringent car emis-
sions rules, such as New Jer-
sey, New York, Pennsylva-
nia, Washington and Ore-
gon. It also includes several
states — Michigan, Wiscon-
sin and North Carolina —
that Trump won in 2016.
The administration’s
plan to revoke the waiver is
likely to set off years of legal
battles that could land at the
U.S. Supreme Court. Cali-
fornia Atty. Gen. Xavier Be-
cerra said in a statement Fri-
day that the administration

was attempting to resurrect

previously unsuccessful le-

gal arguments to justify its

position.

“Two courts have already

upheld California’s emis-

sions standards,” Becerra

said in a statement. “Yet, the

Administration insists on

attacking the authority of

California and other states

to tackle air pollution and

protect public health.”

The lawsuit, California

vs. Chao, was filed against

the National Highway Traf-

fic Safety Administration,

which has been working with

the Environmental Protec-

tion Agency on a proposal to

weaken fuel efficiency stand-

ards put in place under the

Obama administration.

These regulations re-

quire automakers to build

increasingly efficient vehi-

cles so that by 2025 the na-

tion’s cars and trucks would

average more than 50 miles

per gallon. Under Trump,

the agencies have proposed

freezing targets at about

37 mpg for cars after 2020.

Though the announce-

ment of that rollback was

initially supposed to coinci-

de with the administration’s

effort to dismantle Califor-

nia’s standards, the two

were ultimately separated.

A few months after Califor-

nia spurned the White

House by secretly negotiat-

ing a deal with four major au-

tomakers to increase fuel ef-

ficiency and reduce emis-

sions, the Trump adminis-

tration decided to fast-track

plans to revoke the state’s

authority to set stricter

standards.

At a news conference

Thursday at EPA head-

quarters in Washington,

Transportation Secretary

Elaine Chao said the admin-

istration was stripping Cali-

fornia of its power to set auto

emissions rules because the

state’s regulations made

new cars unaffordable.

“We will not let political

agendas in a single state be

forced on the other 49,” Chao

said.

The administration has

argued that lower car prices

will encourage drivers to re-

place their older vehicles

with safer, more efficient

ones — an assertion that

California leaders and inde-

pendent scientists have

refuted.

In fact, even the EPA’s ex-

perts have written that the

Trump administration’s

proposal would be “detri-

mental to safety, rather than

beneficial.”

This has led critics to

speculate that the adminis-

tration’s assault on Califor-

nia’s emissions waiver has

more to do with scoring po-

litical points against a fre-

quent adversary than im-

proving driver safety.

California has sued the

administration repeatedly

over its agenda of disman-

tling Obama-era environ-

mental and public health

regulations.

Federal judges have

sided with California and en-

vironmental groups in cases

concerning air pollution,

pesticides and the royalties

that the government re-

ceives from companies that

extract oil, gas and coal from

public land.

California’s special au-

thority to go further than the

federal government in regu-

lating auto pollution dates

to the 1960s, when Los Ange-

les was enveloped in a thick

layer of smog that state offi-

cials came to see as a public

health crisis. By the time the

1970 federal Clean Air Act

took effect, the state had al-

ready enacted its own

tailpipe emission controls.

Concerned that each

state would pass different

regulations, Congress de-

cided that the EPA would set

vehicle pollution standards

for the nation. But it carved

out an exception for Califor-

nia, saying that the EPA

would be required to grant

the state a waiver to set its

own rules, provided they

were at least as stringent as

the federal ones. Other

states could choose to follow

either California’s regula-

tions or those set by the

EPA.

Because of its unique

power to set emissions rules,

California has served as a

laboratory for tough new

auto pollution regulations

and has worked to promote

the adoption of electric vehi-

cles. The administration’s

action jeopardizes the

state’s mandate that au-

tomakers sell more zero-

emission vehicles and plug-

in hybrids and raises new

doubts about whether it will

be able to meet its goal of

having more than 1 million

such vehicles on the road by

2025.

Lawyers and environ-

mental policy experts said

the administration’s move is

unprecedented.

“EPA has never revoked

any of the 50-plus waivers

that it has granted to Cali-

fornia, and there is no legal

basis for doing so,” said Jeff

Alson, a former EPA senior

engineer and policy advisor

who retired in 2018.

States sue to keep strict emissions rules

California leads a

coalition in opposing

Trump’s move to strip

its authority to set

tougher standards

on tailpipe pollution.

By Anna M. Phillips

CALIFORNIAhas relied for decades on a special waiver from the federal govern-

ment to set its own standards on auto emissions. Above, the 110 Freeway in L.A.

Gary CoronadoLos Angeles Times

SOMEsee the plan to revoke the waiver as a political

move by Trump, who often feuds with California.

John GibbinsSan Diego Union-Tribune