California's attempts to cut its carbon emissions through legislative
measures received a dual blow last week after planned rules governing emissions
from cars and ships met with fresh legal obstacles.
As anticipated, the Environmental Protection Agency (EPA) last Friday made
good on its threat to block a planned state law that would force automakers to
produce cars with significantly higher fuel efficiency from next year.
The proposed rules were made under the Federal Clean Air act, which allows
California to set more stringent air pollution rules to cope with its
exceptional levels of smog. Advocates of the new standards, which have secured
support from 18 other states which plan to adopt the same standards, said that
they would cut automotive emissions by 40 per cent by 2020.
However, a waiver from the EPA is required for California to set different
standards to the rest of the country and despite granting over 50 such waivers
in the past, last December the federal agency said it would reject California's
latest proposals.
In a regulatory notice
issued last Friday, administrator Stephen Johnson confirmed that the EPA
would not grant a waiver, ruling that while "the conditions related to global
climate change in California are substantial, they are not sufficiently
different from conditions in the nation as a whole to justify separate state
standards".
The EPA maintains that new federal standards agreed last year and designed to
cut automotive emissions by 31 per cent by 2020 make separate state regulations
unnecessary.
The fate of the proposed standards now rest with the courts following
California's announcement in January that it is to join forces with a number of
states and environmental groups to sue the EPA over its refusal to grant a
waiver.
David Doniger, policy director of the
National Resources Defense Council's Climate
Center and the lead attorney for the organisation's waiver litigation efforts,
argued that the EPA's ruling that California did not face a unique global
warming threat was "factually and legally wrong".
"No other state can claim the same wide range of severe impacts that
California will suffer – indeed, already is suffering – more illnesses from
heat-enhanced smog levels, dramatic reductions in state's water supply, more
horrendous wildfires, sea level rise and agricultural losses," he said.
According to EPA documents released by Congress in January, the agency itself
has little confidence that it can block the new rules in court, with staff
concluding it would probably lose any legal case.
The EPA ruling comes as Californian attempts to use the Clean Air Act to also
tackle emissions from ships and ports also suffered a blow after a San Francisco
court ruled it would need a separate waiver from the EPA before imposing
pollution limits on cargo ships, cruise ships and other marine vessels that
visit the state's ports.
The California Air Resources Board has stopped enforcing the rule, which was
implemented last year and targets the use of auxiliary diesel engines within 24
nautical miles of the coast, and is now considering whether to appeal the
decision to the Supreme Court or seek a waiver from the EPA.
However, despite the setback, officials remained confident that emissions
limits would ultimately be placed upon the shipping sector. "This is critical to
protecting public health, particularly around ports," air board spokeswoman
Gennet Paauwe told the Los Angeles Times. "It is part of our large plan
to cut emissions, particularly for the ports and goods-movement sectors."
Comments
Have your say on this article