California Asks Obama to Reverse EPA Denial of Clean Car Waiver

California has some of the nation's worst air pollution, and so the Clean Air Act gives California special authority to enact stricter air-pollution standards for motor vehicles than the federal government's in recognition of the state's "compelling and extraordinary conditions." The EPA must approve a waiver before California's rules may go into effect.

The Bush administration's Environmental Protection Agency denied the state's request on February 29, 2008

Governor Arnold Schwarzenegger today sent a letter to President Barack Obama requesting a review of the denial, which he called "fundamentally flawed."

"For four years, California and a growing number of farsighted states have sought to enforce a common-sense policy to reduce global warming pollution from passenger vehicles, which are the source of 20 percent of our nation's greenhouse gas emissions," wrote the governor.

"Regulation will not only reduce these emissions, but will also save drivers money and reduce our nation's dependence on imported oil," he wrote.

Today, the California Air Resources Board chairman wrote to EPA Administrator-designee Lisa Jackson asking that she immediately reconsider the waiver "based on clear legal standards." This letter also was sent to President Obama.

"We feel strongly that under its new leadership, EPA will recognize that the decision made by the former administrator to deny California the waiver to enforce our clean car law was flawed, factually and legally, in fundamental ways," wrote California Air Resources Board Chairman Mary Nichols.

Traffic jam with smog hanging over Walnut Creek, California (Photo by Jerry Bradshaw)

In December 2007, EPA Administrator Stephen Johnson wrote to Governor Schwarzenegger saying that he intended to deny California's request, stating that permits under the Clean Air Act cannot limit greenhouse gases, which are "fundamentally global in nature."

In response, California and 16 other states filed suit against the federal agency. New Jersey was one of those states.

At the time, Jackson famously said, "When it comes to the auto industry, the EPA apparently is the Emissions Permissions Agency."

With that in mind, Governor Schwarzenegger wrote in his letter to the president, "Your administration has a unique opportunity to both support the pioneering leadership of these states and move America toward global leadership on addressing climate change."

"I ask that you direct the U.S. EPA to act promptly and favorably on California's reconsideration request so that we may continue the critical work of reducing our greenhouse gas emissions and their impact on global climate change," the governor wrote.

Should the Obama administration EPA grant the waiver, California, and 13 other states will begin a program to reduce the greenhouse gas emissions from passenger vehicles 30 percent by 2016.

Since all automakers already can comply with California's 2009 model-year greenhouse gas fleet average under the regulations, all manufacturers would obtain credits for future years. This would allow the regulations to be implemented as planned using the model-year 2009 to 2016 timetable.

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