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Agencies Defend Legal Basis For Scrapping California Auto GHG Waiver

EPA and the Transportation Department (DOT) are defending the legal basis for their just-issued rule revoking California’s power to set its own vehicle greenhouse gas limits, asserting the state is preempted by fuel economy law and lacks “compelling and extraordinary” conditions needed to receive such authority under the Clean Air Act.
Related Story: EPA, NHTSA Release Final Rule Revoking California Auto GHG Authority

California and its allies are floating multiple legal and political attacks against EPA and the Transportation Department’s (DOT) imminent final rule to preempt the state’s authority to regulate vehicle greenhouse gases, a policy that threatens to spark a furious court battle and major uncertainty over emission rules.

The auto sector sought to strike a careful balance in responding to news that the Trump administration is poised to repeal California’s unique waiver of federal preemption for vehicle greenhouse gas rules, a move that even some of their supporters say will create significant legal uncertainty.

States and environmentalists challenging the Trump EPA’s slow implementation of an Obama-era landfill methane rule are blasting the agency’s long-running “crusade” against the policy and calling EPA’s request for a court to drop a looming deadline to issue a federal compliance plan just the most recent delay tactic.