The State of California vs. The Environmental Protection Agency

Jerry Brown, California Attorney General, brought a lawsuit against the United States Environmental Protection Agency (EPA). The lawsuit, brought against the EPA in November 2007, is to force the EPA to grant a two-year old waver request for the state to regulate automobile greenhouse gas (GHG) emissions. This lawsuit is the culmination of Governor Arnold Schwarzenegger and Brown’s fight against global warming on behalf of the State of California.



The state, with the support of the governor has passed aggressive legislation aimed at curbing GHG emissions. Most recently AB32, a bill requiring GHG emission to be reduced to 1990 levels, was passed in California. The Clean Air Act was passed by congress in 1970 and at that time congress made an exception for California since the air quality conditions were already severe and predated the federal law. So, California is allowed to create more stringent laws, with the caveat of a waver from the federal government for enforcement.

This situation is unique to the United States. Global warming is mixed up in the division between the rights of the stated and the rights of the federal government. With this lawsuit Brown is maintaining state sovereignty while fighting global warming. Unfortunately, without permission from the Bush administration to enforce tougher California laws, the EPA is not under any obligation to enforce the laws passed.

Since Brown brought this lawsuit against the EPA to grant the waiver, several other states with the same law have joined in the fight. The EPA has promised to make a decision within the next two weeks. If the waver is approved California and the 13 other states with similar law will be able to enforce them.

The enforcement of these laws will mark the beginning of change it the transportation industry. Hopefully this will mean more funding for alternative transportation, including improvements to existing transit systems and new transit systems.

References
Bowman, Chris. “‘Greenhouse’ Ruling: An Exhaustive Look” Sacramento Bee (16 December 2007). Accessted 16 December 2007.
Chea, Terence. “Jerry Brown Makes Climate-Change Crusade” Associated Press (15 December 2007). Accessed 16 December 2007.
Simon, Richard. “Tighter Fuel Standards Clear Senate” Los Angeles Times (14 December 2007). Accessed 16 December 2007.