LAWSUITS FILED OR PENDING

December 2007

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California’s Governor and Attorney General Sue EPA for Delaying Action on Requested Waiver of Preemption Regarding Vehicle Emission Standards
State of California v. U.S. Environmental Protection Agency

California Governor Arnold Schwarzenegger and Attorney General Jerry Brown have joined forces and filed a complaint for declaratory and injunctive relief (complaint) against the U.S. Environmental Protection Agency (EPA) to force the federal agency to act on California’s request for a waiver of preemption of its Regulation to Control Greenhouse Gas Emissions from Motor Vehicles (GHG Regulation). The GHG Regulation was adopted to reduce the future harm to California’s public health, welfare, safety and economy from increased global warming by requiring a reduction in the emissions of greenhouse gases from most light-duty motor vehicles sold in California, on a fleet-wide basis, beginning with the 2009 modelyear. California requested the waiver from EPA nearly two years ago, on December 21, 2005. Having not received a response from EPA one way or the other, California was compelled to file suit due to the fact that automobile manufacturers cannot market their 2009 model-year vehicles in California without first certifying them, and the marketing of some of these models can begin as early as January 2008. Additionally, at least 14 other states have adopted or are considering adopting the same emission standards for new vehicles sold in their states, but implementation of their regulations depends on EPA first granting California’s waiver application.