Let The Lawsuits Commence

Arnold Schwarzenegger and Jerry Brown went right to work Tuesday, preparing to sue the federal government "at the earliest possible moment" for the EPA's denial of a waiver to let California implement Fran Pavley's AB1493, the law regulating auto tailpipe emissions that was to begin with model year 2009. The regulations, which sought to control greenhouse gases and not just boost auto efficiency standards, would have had the effect of an increase in MPG to roughly 43, far above the 35MPG by 2020 just mandated in the federal energy bill. Indeed, the EPA in its decision noted the passage of the energy bill as a reason to deny California's request, claiming that there should be one standard and that the new bill pre-empted California's authority. So much for state's rights conservatives.

The lawsuit is about as close as you can get to a slam dunk. The case law is already enormously in favor of California. They have been granted every waiver they've ever requested from the EPA since the passage of the Clean Air Act in 1963, and the "compelling and extraordinary conditions" of the state's topography, climate, and number of cars on the road has always been specifically cited. That hasn't changed. In addition, federal lawsuits in California and Vermont have upheld the standards set out in AB1493 as fully legal. And just this year, the Roberts Supreme Court has ruled in Massachusetts v. EPA that the federal government can regulate greenhouse gas emissions, writng that:

“Judged by any standard, U.S. motor-vehicle emissions make a meaningful contribution to greenhouse gas concentrations.”

Sadly, it's true that the Bush Administration probably has the ability to put up enough of a fight in the courts to make implementation virtually impossible so long as he remains in office. And so this is likely to come down to a decision for the next President to make. So you would think that the media, knowing this, knowing the potential of global warming to impact all of our lives, would bother to ask a question about it. But so far in 2007, out of 2275 questions asked of the Presidential candidates on the Sunday chat shows, 3 mentioned global warming. Here's a news peg, Russert, Stephanopoulos, Blitzer, Wallace and Schieffer. Have at it!

The New York Times has more on this.