California's Waiver Request to Control Greenhouse Gases Under the Clean Air Act [Updated January 8, 2008]   [open pdf - 172KB]

"California has adopted regulations requiring new motor vehicles to reduce emissions of greenhouse gases (GHGs), beginning in model year 2009. The Clean Air Act (CAA), however, generally preempts states from adopting their own emission standards for mobile sources. Such standards are allowed to take effect in California, however, if the state obtains a waiver of CAA preemption from EPA. California requested this waiver in 2005, but EPA took until December 19, 2007, to decide that it would deny the request. […] Following the announcement of EPA's decision, California and environmental groups filed petitions for review in the Ninth Circuit, with multiple states motioning to intervene on California's side. The interest of the intervening states derives from the fact that under the CAA, states other than California may adopt motor vehicle emission standards identical to California's and avoid CAA preemption if California is granted a waiver. Fourteen states have adopted such regulations. This report reviews the nature of EPA's, California's, and other states' authority to regulate emissions from mobile sources, the applicability of that authority to GHGs, and issues related to the California waiver request."

Report Number:
CRS Report for Congress, RL34099
Public Domain
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