States Can Pursue Their Own Emissions Standards, says Federal Court

In the continuing saga of whether California, and 15 other states, can set their own emissions standards, a Federal Court gave a win to environmentalists and threw out a suit brought on by 10 automakers. The lawsuit was an attempt to block implementation of a California law. The California law under question requires an average mileage rating of 41 mpg by 2015 (the recent federal law requires 37 mpg by 2015).

In Monday's decision, the judge took what environmental lawyers described as an unusually strident tone in denying appeals by the automakers to delay implementation of the California law until 2017 in the event that a Clean Air Act waiver from the EPA was granted.
The judge also rejected the automakers' interpretation of a federal statute -- revolving around the word "or" -- that would make California's law unenforceable.

"The interpretation requested is without support in law, logic, or grammar," the judge wrote, denying all the motions filed by the auto industry and calling for the case to be wrapped up within 30 days.

Remember, California requested a waiver from the Clean Air Act in order to set their own emissions standards. The EPA declined the waiver, for one of the few times in EPA history and its rationale has been shady, at best.

As a side note, Congress asked the EPA for documents related to the December 2007 Clean Air Act waiver denial be handed over in an investigation, but the White House refused and cited 'executive privilege'. Both Senators Obama and McCain support the waiver.