Veto Threat Imperils 17-State Clean Car Program As EPA Decision Pending

FOR IMMEDIATE RELEASE

Contacts:  
Tony Kreindler 202-210-5791
Vickie Patton 720-837-6239 
(Washington, DC – December 7, 2007) Yesterday’s White House veto threat of the Energy Independence and Security Act signaled a hostile reception to the 17 states adopting a landmark program to reduce global warming pollution from motor vehicles. The veto threat pointedly complains that the U.S. Environmental Protection Agency’s regulatory role in addressing motor vehicles is left “ambiguous.” But current law could not be clearer in empowering motor vehicle programs that cut greenhouse gases under the Clean Air Act.
 
On April 2, 2007, the United States Supreme Court in Massachusetts v. EPA squarely affirmed EPA’s power to regulate global warming pollution from motor vehicles and paved the way for state clean car programs. Changing this legal framework as suggested in the veto threat would radically reverse the high Court’s opinion: depriving EPA of the authority to establish federal greenhouse gas emission standards for motor vehicles and precluding the innovative state clean car programs across the nation.   The veto threat comes as EPA is in the final stages of decision making on the landmark state clean car program.
 
“You cannot be ‘serious’ about global warming and work to stop the historic state leadership that has produced the only tangible American progress on the issue,” said Environmental Defense Legislative Director Elizabeth Thompson.
 
NEW ANALYSIS OF 17 STATE INNOVATIVE CLEAN CAR PROGRAM AND WHITE HOUSE OPPOSITION
 
An Innovative State Global Warming Program with Broad Political Support
 
1. Cars and light trucks are one of America’s largest sources of global warming pollution, and by far the fastest growing. Cars and light trucks account for 16% of U.S. global warming pollution.   This pollution soared by 25% between 1990 and 2005.
 
2. Seventeen states led by both Republicans and Democrats are advancing clean car programs that would lower global warming pollution using available technology, save American families money at the pump, and strengthen energy security: Arizona, California, Colorado, Connecticut, Florida, Massachusetts, Maryland, Maine, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Utah, Vermont and Washington.
 
3. These 17 states reflect some 139 million people, nearly half the U.S. population.
 
4. Politically, these 17 states encompass 202 Congressional districts with 73 Republican and 129 Democratic representatives, 10 House Committee Chairmen, and 11 Senate Committee Chairmen. 
 
5.   The Clean Cars program would reduce global warming pollution an estimated 110 million metric tons annually by 2020.  The program is implemented through a flexible fleetwide average that will cut global warming pollution about 30% in its second phase. 
 
While Imperiled by the Veto Threat, the Clean Car Program has Withstood Legal Attacks
 
1. On April 2007, the U.S. Supreme Court paved the way for the Clean Car program when it affirmed EPA’s power to regulate global warming pollution under the Clean Air Act.   EPA had attempted to evade responsibility for approving the Clean Car program by reversing a long-standing legal opinion that EPA had ample authority to regulate global warming pollution. 
 
2. In September 2007, a federal district court judge in Vermont rejected automobile manufacturers’ claims that the Clean Car program is not feasible – after an exhaustive 16 day trial. 
 
3. In April 2006, the Department of Transportation inserted advisory language in the corporate average fuel economy standards for light trucks to preempt the state Clean Car program. Last month, a federal court of appeals found that the preemptive language was not legally binding. 
 
4. EPA’s waiver of federal preemption under the Clean Air Act is the last step for the Clean Car program to rev up in states across the nation. EPA has consistently granted such waiver requests some 53 times over the last 40 years.  
 
5.   California’s December 21, 2005 waiver request for the Clean Car program is pending before EPA and a final decision is imminent.   Some 98,000 comments were submitted in response to EPA’s request for comment on the waiver, conveying overwhelming public support; only one individual automobile manufacturer and some automobile trade associations submitted negative comments.
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