California becomes an emissions battleground

[Rhiannon12866]

WASHINGTON — EPA Administrator Scott Pruitt, departing from his federalist track record, has launched a first strike against the so-called California waiver, publicly questioning the state's right under the Clean Air Act to set stricter air-quality standards than the rest of the nation.

How well that waiver withstands the federal fire could have big implications for the auto industry and the administration's effort to relax emissions and fuel economy rules.

In announcing his decision last week to rewrite the nationwide emissions standards negotiated with the auto industry under the Obama administration for 2022-25 vehicles, Pruitt signaled that his idea of a revised harmonized program would require California to buckle to national standards developed by the EPA and NHTSA, rather than a compromise among the parties on tweaks that would still give automakers more flexibility with compliance.

"Cooperative federalism doesn't mean that one state can dictate standards for the rest of the country," Pruitt said in a statement. "EPA will set a national standard for greenhouse gas emissions that allows auto manufacturers to make cars that people both want and can afford — while still expanding environmental and safety benefits of newer cars."

Yet the pro-business EPA chief, who faces battles on a number of fronts, is also mindful of automakers' desire for a program that would allow them to sell the same vehicles in all 50 states. Agency officials were continuing to negotiate with California regulators last week on how to preserve some measure of uniformity under relaxed federal standards, The New York Times reported.

The most potent bargaining chip — for both sides — is the California waiver. As long as California has one for emissions rules, it can complicate the administration's efforts to relax the 2022-25 standards. But as long as the EPA has some power to revoke the waiver, it can try to persuade California to stand down.


Much more: http://www.autonews.com/article/20180409/OEM11/180409731/california-environment-waiver-emissions-epa

[MFM008]

1. Sue the EPA

.....

[Rhiannon12866]

2. That is a possibility - if Pruitt (and Trump) last that long:

<snip>

Some experts see Pruitt's pointed message as an attempt to gain leverage in bargaining with California to accept some relaxation of the existing standards and maintain a unified emissions regime. CARB officials have signaled some willingness to consider changes to the program in exchange for extending the national program through 2030.

A breakdown in those negotiations would likely lead the EPA to seek to withdraw the waiver. If that happens, attorneys general from California and the dozen states that follow its emission rules have vowed to sue the EPA. A lengthy court battle could lead to an extended period of uncertainty for automakers that have long lead times for development and production planning.

Legal challenges will likely claim that the EPA lacks the statutory authority to revoke the waiver and that such a move is contrary to administrative law principles, said Mark LeBel, a staff attorney with the Acadia Center, a clean-energy research and advocacy organization.

"The EPA would have to survive the first two hurdles before the courts would even consider the underlying substantive issues," he said.

[lordsummerisle]

3. K&R n/t