California slaps suit on U.S. EPA over car emissions

California Gov. Arnold Schwarzenegger has filed a lawsuit against the U.S. Environmental Protection Agency, accusing the agency of delaying efforts to regulate emissions from cars and trucks.

California was joined by 14 other states in the long expected suit. Schwarzenegger planned to launch the complaint weeks ago, but it was put on hold while he dealt with the wildfire crisis in his state.

Under the Federal Clean Air Act, California has the right to set a tougher than federal standard for vehicles as long as it gets approval from the EPA.

"It has been nearly two years since we have asked the federal government for this waiver, and we have not gotten it yet, so I think it is time now to step it up," said Schwarzenegger at a news conference in Sacramento.

California is seeking to reduce tailpipe emissions by nearly 30 percent by 2016, starting with the 2009 models to be introduced next year. The governor said this would be equivalent to taking 6.5 million cars off the road by the year 2020.

"And if all states, all 14 states implement those new regulations, it will be an equivalent of taking 22 million cars off the road. That is an equivalent of cutting gasoline consumption by more than 11 billion gallons a year," he said.

Check out Gov. Arnold at the state Capitol >>

As the most populous state in the nation, and with the most drivers, California has long held the greatest influence of any state over vehicle regulations.

Its population is approaching 37 million and there are 32 million registered vehicles, twice the number of any other state.

"There is no legal basis for Washington to stand in our way, or to ignore the will of tens of millions of people in America."

Schwarzenegger threatened legal action in April, when he requested the federal government expedite his request after the U.S. Supreme Court issued a ruling saying the EPA has the authority to regulate greenhouse gases.

In February, the EPA said it wouldn't act on the waiver until the Supreme Court decided whether the agency was obligated to address greenhouse gases as air pollutants under the Clean Air Act.

The California Air Resources Board originally requested the waiver in December 2005.

Joining California as interveners in the lawsuit are Vermont, Massachusetts, New York, Arizona, Connecticut, Illinois, Maine, Maryland, New Jersey, New Mexico, Oregon, Rhode Island, Washington and Pennsylvania.

Almost two months ago, a court decision in Vermont upheld states' rights to adopt California's motor vehicle greenhouse gas emissions standard.

"We are not waiting for Washington. The states are taking the lead. And once we succeed, we will show the true American leadership in the fight against global warming, and we will be a model for the rest of the world," said Schwarzenegger.

The governor's office said sixteen states, comprising approximately 45 percent of all U.S. auto sales, have adopted, or are in the process of adopting, California's standard, but the standard hinges on California getting the federal waiver.

In June, the EPA said that it would make a decision on the waiver by the end of this year, but that's obviously not soon enough for California.

"It's clear that there's only one explanation as to why we haven't got what should be a routine waiver," said Ann Notthoff, the California advocacy director of the non-profit Natural Resources Defense Council.

"After all, we've had more than 50 of these waivers over the last decades. There's only one reason, and that is political interference from the White House and their auto industry allies. There's no other explanation for this game of foot dragging."

According to Mary Nicholls, chair of the California Air Resources Board, the new rules would mean cars with more efficient drive trains and more efficient steering mechanisms.

"We're talking about cars that are about 18 percent more efficient on average than what's available today, but with completely known technology," said Nicholls.

Stricter regulations could be good for smaller manufacturers of hybrid and electric vehicles (see ZAP going big with China venture), but companies like General Motors, which opposes the new rules, also have some clean ideas in the works (see GM, A123Systems to co-develop battery).

Schwarzenegger acknowledged that the EPA has the right to deny the waiver, but said that he won't give up the fight.

"We sue again, and sue again, and sue again, until we get it. We're going to win in the end, because remember, we always have."

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