Gov. Rendell said this week that Pennsylvania is joining a multi-state lawsuit against the U.S. Environmental Protection Agency with a goal of allowing states to regulate greenhouse gas emissions from vehicles.

On December 19, EPA denied California’s request for a waiver to regulate greenhouse gas emissions from vehicles, a decision which prevented it and other states from implementing stricter greenhouse gas emissions standards for cars that would have been put into effect as early as 2009.

“The EPA wrongfully and illegally blocked our efforts to do something about climate change – all they should have done was step aside and let the states take the lead,” said Gov. Rendell. “Pennsylvania and other states should be able to ensure cleaner air and water to protect the health of our residents.”

Patrick Henderson, Executive Director of the Senate Environmental Resources and Energy Committee, said the new lawsuit was “troubling” saying DEP told the Committee the sole legal reason for adopting the California vehicle standards was so Pennsylvania could meet federal ozone pollution standards. That portion of the state rule remains unaffected by the EPA decision both he and DEP have said and remains in force.

Quoted by Capitolwire, Henderson said, “…now we are apparently going to spend tens or thousands of dollars in taxpayer money on litigation (to overturn the greenhouse gas decision).”

The lawsuit, which seeks to reverse the EPA greenhouse gas decision, was filed in the 9th U.S. Circuit Court of Appeals by California. In addition to Pennsylvania and California, other states intervening in the suit are: Arizona, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington.

Under the federal Clean Air Act passed in 1963, California is expressly allowed to impose environmental regulations that are stricter than federal rules in recognition of the state’s “compelling and extraordinary conditions,” which include unique topography, climate and high number and concentration of vehicles.

In the 40-year history of the act, EPA has granted approximately 50 waivers to California for innovations like catalytic converters, exhaust emission standards, and leaded gasoline regulations. Until last month, a waiver request had never been denied.

Cars generate 20 percent of all man-made carbon dioxide emissions in the United States. At least 25 percent of greenhouse gases in Pennsylvania can be attributed to transportation.

California adopted its greenhouse gas regulations on August 4, 2005, requiring reductions in fleet-average, greenhouse-gas emissions for most new passenger motor vehicles sold in California, beginning with the 2009 model year.

Pennsylvania has adopted the stricter California emission rules, but will not realize greenhouse gas reductions from the rules unless the Golden State is permitted to enforce that portion of its clean vehicle program. New cars and light trucks starting with model year 2008 that are sold, titled and registered in Pennsylvania must be certified by the California Air Resources Board.

“This issue presents an opportunity for the federal government to combat climate change that threatens all life on Earth,” said Gov. Rendell. “Our planet’s basic life support systems are imperiled and we need to take action. We are proud to stand with California and fight this unlawful decision by the EPA that will hamper the commonwealth’s ability to battle global warming.”

In April, the U.S. Supreme Court made a landmark ruling, deciding that EPA has the authority under the Clean Air Act to regulate greenhouse gases like carbon dioxide as air pollutants. This decision paved the way for states to adopt regulations controlling greenhouse gas pollutants from automobiles sold within its borders.

NewsClip: PA Joins California in Lawsuit Over Greenhouse Gas Emissions

1/4/2008