Key Point
California can regulate greenhouse gas emissions from new
passenger cars, SUVs and pick-up trucks.
On 11 December 2007, United States District Judge Anthony W.
Ishii ruled that California can regulate greenhouse gas
("GHG") emissions from new passenger cars, SUVs and
pick-up trucks (Central Valley Chrysler-Jeep, Inc. v James
Goldstone).
Major automobile manufacturers were seeking to strike down a
law passed by California in 2002 setting limits on the amount
of GHG emissions that can be released from new automobiles sold
in California starting in 2009. In 2004, the state government
agency California Air Resources Board ("CARB")
approved a regulation that requires automakers to begin selling
vehicles with reduced GHG emissions by 2009. Based on the
regulation, the average reduction of GHG from new California
cars and light trucks will be about 22 percent by 2012 and 30
percent by 2016.
In order to implement this regulation, California applied
for a waiver from the United States Environmental Protection
Agency ("EPA") on 21 December 2005. Under the Federal
Clean Air Act ("CAA"), the EPA has the power
to promulgate regulation standards relating to the emission of
any air pollutant from new motor vehicles which, in the
EPA's judgment, constitutes or causes air pollution. Any
state that adopted standards to control emissions from new
motor vehicles prior to 30 March 1966 may be granted a waiver
to impose standards more stringent that those imposed by the
CAA. Out of all the US states, only California regulated
emissions prior to the cut-off date, and is therefore the only
state that can apply to the EPA for a waiver. However, other
states may adopt California's standards that are granted
waiver of preemption by the EPA2...
