CLF Welcomes Issuance of California Waiver to Limit Greenhouse Gas Emissions

Contact:
Tricia K. Jedele, (401) 351-1102; tjedele@clf.org
Caitlin Inglehart, (617) 850-1755

PROVIDENCE, RHODE ISLAND (June 30, 2009) The Conservation Law Foundation (CLF) today cheered the Environmental Protection Agency’s (EPA) decision to grant a waiver for the California clean car standards that have been adopted by 14 states, including Rhode Island and Vermont.

In December of 2005, the State of California requested a waiver from EPA under Section 209(b) of the Clean Air Act.  In December of 2007, EPA denied the waiver despite the fact that California’s waiver request met all of the scientific, technical and legal tests necessary for EPA to grant the waiver. At the time of its request in 2005, California had never been denied a waiver and approximately 50 waivers had been granted to California under the exemption provision in the Clean Air Act.  EPA under the Bush Administration had also refused to set greenhouse gas standards for automobiles. During his campaign, President Obama promised to review the previous administration’s denial of the waiver.  With that review now complete, EPA has issued the waiver.

As the Clean Air Act permits, thirteen states and the District of Columbia adopted California’s greenhouse gas standards for new motor vehicles.  Automakers and auto industry groups sued California, Rhode Island, Vermont and New Mexico  in federal court claiming that the standards were preempted and had been adopted before a waiver was granted to California.

CLF was part of a team of lawyers working with the State of Vermont that won the Vermont case after a sixteen day trial in Vermont.  Last fall, CLF, working with the state of Rhode Island, again defeated the automakers claims.  CLF has actively supported the issuance of the waiver and advocated the need for meaningful greenhouse gas regulations for new motor vehicles.

“The issuance of the California waiver has been a long time coming, and is meaningful on so many levels,” said Tricia K. Jedele, Vice President of CLF and Director of the RI Advocacy Center. “The waiver is not merely a piece of paper that California should have received two years ago, it is a statement that Washington understands that climate change is real, and that it will stand by the important leadership role carved out for the States in the Clean Air Act to address the threats posed by it.”

Just last month the White House announced a national agreement to implement a California-style vehicle emissions program nationwide by 2016.  As part of the landmark agreement, plaintiff automakers agreed to drop their lawsuits against California, Rhode Island, Vermont, and New Mexico, and EPA, after reviewing the denial, agreed that issuing the waiver was consistent with the Clean Air Act.  During his campaign, President Obama promised to review the previous administration’s denial of the waiver.
(Other states that have adopted California standards are: Arizona, Connecticut, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington plus the District of Columbia, which is considered a state under the Clean Air Act.)

The Conservation Law Foundation (www.clf.org) works to solve the most significant environmental challenges facing New England.  CLF’s advocates use law, economics and science to create innovate strategies to conserve natural resources, protect public health and promote vital communities in our region.  Founded, in 1966, CLF is a nonprofit, member-supported organization with offices in Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.