Here’s an interesting article on yesterday’s EPA decision not to let a subset of states set carbon automobile emissions caps. This issue has been brewing for a couple of years, with 17 states arguing that the lack of federal activity to set a federal greenhouse gas emission standard means that states can act without it being a preemption of federal jurisdiction.
The E.P.A. administrator, Stephen L. Johnson, said the proposed California rules were pre-empted by federal authority and made moot by the energy bill signed into law by President Bush on Wednesday. Mr. Johnson said California had failed to make a compelling case that it needed authority to write its own standards for greenhouse gas emissions from cars and trucks to help curb global warming.
This is the first time California has not received an EPA waiver for a proposal to impose stricter emissions standards than the federal standards.