California Wants Stricter Emissions, White House Doesn’t

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California Wants Stricter Emissions, White House Doesn’t

HOT AIR: An EPA administrator initially planned to grant California’s request to tighten emission standards for new cars and trucks in the state. After meeting with White House staff and car industry executives, the administrator changed his mind and denied California’s request.

by Thea Deley
Informify Staff Writer
May 21, 2008

A House committee investigation reveals that the EPA official’s decision may have been influenced by the Bush administration.

California’s Proposed Emissions Restrictions

The state of California wants to reduce its greenhouse gas emissions, which contribute to global warming. It plans to tighten emissions controls for new vehicles, requiring car manufacturers to reduce emissions by nearly 30% by 2016.

California is the first state to attempt emissions restrictions that are tougher than the federal government’s. To do so, it needs a waiver from the federal Clean Air Act, which the EPA would have to grant. In the fall of 2007, EPA Administrator Stephen Johnson planned to grant, at least partially, the state’s waiver. And then, after meeting with White House officials, Johnson changed his mind and denied California’s proposal in December 2007.

California sued the EPA in federal court to reverse its decision. Thirteen other states hope to adopt emissions standards modeled after California’s proposed standards.

House Investigates EPA Denial

The U.S. House Oversight Committee decided to investigate why Johnson backpedaled. Chaired by Rep. Henry Waxman (D–Calif.), the committee interviewed eight EPA staff and acquired 27,000 pages of documents. The EPA refused to hand over documents related to its communication with the White House, however.

In his testimony, one of Johnson’s deputies, Jason Burnett, told the committee that Johnson had been “very interested” in granting the waiver until he met with White House staff. EPA lawyers counseled Burnett not to say who Johnson met with or what they discussed.

Based on its five-month investigation, a memo released by the committee Monday said, "The record before this committee suggests that the White House played a pivotal role in the decision to reject the California petition, but it does not explain the basis for the White House intervention." (Reuters, 5/19/08)

Jonathan Shrader, EPA spokesperson, said Johnson made his decision "based on the facts and the law.” (The Mercury News, 5/20/08)

Sources

House panel: White House swayed EPA 'no' on air rules (The Mercury News, 5/20/08)

White House "pivotal" in Calif. climate case: memo (Reuters, 5/19/08)

Documents and depositions from House Oversight Committee's investigation into EPA’s decision (House Oversight Committee, 5/19/08)

Question for Readers:

Do you think states should be able to determine their own emissions standards as long as they meet or exceed the federal Clean Air Act?

California Sen. Boxer: Waive the Waiver

Sen. Barbara Boxer (D–Calif.) proposed a bill today to the Senate Environment Committee. "Clearly, the Bush administration at the highest levels killed the California waiver," said Boxer, whose bill would allow individual states to determine and enforce their own emissions standards. Right now the Environmental Protection Agency must grant each state a waiver if its emissions restrictions exceed those set out in the Clean Air Act.

“The [EPA] Administrator shall encourage cooperative activities by the States and local governments for the prevention and control of air pollution; encourage the enactment of improved and, so far as practicable in the light of varying conditions and needs, uniform State and local laws relating to the prevention and control of air pollution; and encourage the making of agreements and compacts between States for the prevention and control of air pollution.”