Governors Protest NHTSA Proposal
When the National Highway Traffic Safety Administration (NHTSA) Proposal first came out on Earth Day, I bet most people were excited to see ...
https://iskablogs.blogspot.com/2008/04/governors-protest-nhtsa-proposal.html
When the National Highway Traffic Safety Administration (NHTSA) Proposal first came out on Earth Day, I bet most people were excited to see the 4.6% increase per year to over 31 mpg standard by 2015. But now that the fine print has come to light, a lot of people, including Governors and other lawmakers are getting very upset with their efforts.
The NHTSA inserted language into their proposal which would preempt states abilities to regulate vehicle emissions. This is particularly upsetting, given the federal government and automakers recent losses in Vermont and Fresno courts which sided with states who wish to do so. (See the previous post on the NHTSA Proposal on fuel economy and how the language has come to light).
See the Press Release below and the letter sent to President Bush and the Congressional leadership by the group of governors who are ready to protest the language in the new proposal by the NHTSA.
The Governors signing on to this protest come from Pennsylvania, California, Arizona, Connecticut, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Vermont and Washington.
Governor Rendell Expresses Disappointment at Bush Administration's Latest Effort to Impede Greenhouse Gas Reductions
Joins 12 Other Governors in Writing President, Congress Criticizing NHTSA Proposed Rulemaking
HARRISBURG, Pa., April 25 /PRNewswire-USNewswire/ -- Governor Edward G. Rendell called on President Bush today to reconsider a regulatory maneuver by the National Highway Traffic Safety Administration to undermine and impede the efforts of states working to reduce greenhouse gas emissions from vehicles.
In a letter sent yesterday to the president, Governor Rendell and the governors of 11 other states, including California, criticized NHTSA for inserting language into a proposed rule making that would preempt states from regulating greenhouse gas emissions from vehicles--defying the principles set in the Clean Air Act.
The governors called the language in the proposed rule a disappointment as the federal government continues to obstruct states' efforts to address this pressing environmental challenge.
Governor Rendell said the NHTSA language seems to contradict the president's recent call to begin working to cut the nation's greenhouse gas emissions.
"The president stood outside of the White House last week and laid out a goal for the nation: stopping the increase in greenhouse gas emissions by 2025," said Governor Rendell. "Yet, here we are again focusing our actions against counterproductive measures by the federal government when we should be focusing on how to deal with this problem."
In a separate letter to the congressional leadership, the governors made the case that the U.S. Department of Transportation, of which NHTSA is a part, was attempting to unilaterally rewrite the Clean Air Act and subvert the will of the legislative branch.
The letter to Congress stated that the department was using the proposed rulemaking to exploit the opportunity it was provided under the Energy Independence and Security Act to enact new fuel economy rules. Instead, the department is claiming authority over greenhouse gases, saying such emissions are "related to" fuel economy.
That move, argue the governors, "is a direct assault on the authorityof the United States Congress and the states," and also defies the Supreme Court ruling in Massachusetts v. EPA that found "the authority on which the states rely in regulating greenhouse gases from automobiles is, 'a statutory obligation wholly independent of DOT's mandate to promote energy efficiency'."
In addition to Pennsylvania and California, the letter was signed by the governors of Arizona, Connecticut, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Vermont and Washington.
Governor Rendell has challenged repeated attempts by the federal government to restrict or delay efforts by Pennsylvania and other states to improve air quality by limiting greenhouse gas emissions from vehicles.
In January, Pennsylvania joined a multi-state lawsuit against the U.S. Environmental Protection Agency challenging the EPA's refusal to grant California a waiver to enforce its stronger greenhouse emission standards. In testimony before the U.S. Senate that month, Governor Rendell said the EPA 'wrongfully and illegally' blocked state efforts to ensure cleaner air and water to protect public health and safety.
Pennsylvania has adopted California's stricter vehicle emission rules, but it will not realize greenhouse gas reductions from the rules unless California is permitted to enforce that portion of its clean vehicle program. Sixteen other states have adopted or are in the process of adopting California's greenhouse gas emission standards.
A year ago, in the Massachusetts v. EPA case, the Supreme Court decided the EPA has the authority under the Clean Air Act to regulate greenhouse gases like carbon dioxide as air pollutants. This decision paved the way for states to adopt regulations controlling greenhouse gas pollutants from automobiles sold within its borders.
The Rendell administration is committed to creating a first-rate public education system, protecting our most vulnerable citizens and continuing economic investment to support our communities and businesses. To find out more about Governor Rendell's initiatives and to sign up for his weekly newsletter, visit http://www.governor.state.pa.us.
EDITORS NOTE: The text of the letters to President Bush and congressional leadership follows:
April 23, 2008
The President
The White House
Washington, DC 20500
Dear Mr. President,
We are disappointed that your administration used Earth Day as a
backdrop for an assault on efforts to make real progress in controlling
greenhouse gas emissions. Yesterday, the National Highway Traffic Safety
Administration (NHTSA) used a proposed rulemaking on Corporate Average Fuel
Economy (CAFE) standards to preempt California and other states across the
nation that are working to control greenhouse gas emissions. States are
taking this action due to the utter failure of our federal government to
respond to this urgent threat.
NHTSA has no authority to preempt states from regulating greenhouse
gases. Congress and two federal district courts have rejected NHTSA's claim
to such authority. Furthermore, this attack completely undermines the
cooperative federalism principles embodied in the Clean Air Act, and is an
end run around 40 years of precedents under that law.
California intends to comment on the proposed rulemaking and, if
necessary, will sue NHTSA, just as California and other states have sued
the U.S. Environmental Protection Agency, to ensure that states retain the
right to attack global climate change emissions. I hope that you will agree
that your administration's use of a rulemaking on CAFE to attack state
efforts to address greenhouse gas emissions is inappropriate, and I await a
clear statement from you to that effect.
Sincerely,
April 23, 2008
The Honorable Harry Reid
Majority Leader
United States Senate
Washington, DC 20510
The Honorable Nancy Pelosi
Speaker of the House
U. S. House of Representatives
Washington, DC 20515
The Honorable Mitch McConnell
Minority Leader
United States Senate
Washington, DC 20510
The Honorable John A. Boehner
Minority Leader
U. S. House of Representatives
Washington, DC 20515
Dear Senator Reid, Senator McConnell, Madam Speaker, and Mr. Boehner,
We are writing to bring to your attention a cynical attempt by the U.S.
Department of Transportation (DOT) to unilaterally rewrite the Clean Air
Act and claim authority over greenhouse gas emissions.
Yesterday, the National Highway Traffic Safety Administration (NHTSA)
used a proposed rulemaking implementing the Energy Independence and
Security Act (EISA) to preempt California and states across the nation that
are taking steps to control greenhouse gas emissions. NHTSA's proposed
action is a direct assault on the authority of the United States Congress
and the states.
In passing EISA, Congress expressly provided that increasing fuel
economy standards would not limit the authority of existing laws and
regulations. Yet DOT has taken the charge given it by Congress - to issue
new fuel-economy rules - and used it to propose a radical redefinition of
federal law that would sabotage critical provisions of the Clean Air Act.
NHTSA argues that because fuel economy is "related to" greenhouse gases,
DOT has authority to deny state greenhouse gas regulations.
NHTSA's proposal flies in the face of court rulings on existing law.
The U.S. Supreme Court found in Massachusetts v. EPA that the authority on
which the States rely in regulating greenhouse gases from automobiles is,
"a statutory obligation wholly independent of DOT's mandate to promote
energy efficiency." Two federal district courts have also specifically
ruled that State vehicle regulations are not preempted by Congress'
improvements to CAFE.
In issuing this interpretation, NHTSA is also doing an end-run around
Congress in claiming authority over greenhouse gas regulation from
automobiles. In the Clean Air Act, Congress granted EPA authority over air
pollution, including greenhouse gases - not NHTSA. While Congress is in the
midst of careful deliberations and debate on its approach to greenhouse gas
regulation in the future, it should not permit the Executive Branch to
dictate an outcome to that discussion.
This action by the Administration would directly usurp Congressional
authority and patently subvert the clear intent of Congress in important
legislation related to energy use. We urge you to protest this provision of
the NHTSA rulemaking and insist on a CAFE regulation in keeping with the
intent and prerogative of Congress.
Sincerely,
Governors signatures here, with state seal at the top
cc: Members of the California Congressional Delegation
The NHTSA inserted language into their proposal which would preempt states abilities to regulate vehicle emissions. This is particularly upsetting, given the federal government and automakers recent losses in Vermont and Fresno courts which sided with states who wish to do so. (See the previous post on the NHTSA Proposal on fuel economy and how the language has come to light).
See the Press Release below and the letter sent to President Bush and the Congressional leadership by the group of governors who are ready to protest the language in the new proposal by the NHTSA.
The Governors signing on to this protest come from Pennsylvania, California, Arizona, Connecticut, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Vermont and Washington.
Governor Rendell Expresses Disappointment at Bush Administration's Latest Effort to Impede Greenhouse Gas Reductions
Joins 12 Other Governors in Writing President, Congress Criticizing NHTSA Proposed Rulemaking
HARRISBURG, Pa., April 25 /PRNewswire-USNewswire/ -- Governor Edward G. Rendell called on President Bush today to reconsider a regulatory maneuver by the National Highway Traffic Safety Administration to undermine and impede the efforts of states working to reduce greenhouse gas emissions from vehicles.
In a letter sent yesterday to the president, Governor Rendell and the governors of 11 other states, including California, criticized NHTSA for inserting language into a proposed rule making that would preempt states from regulating greenhouse gas emissions from vehicles--defying the principles set in the Clean Air Act.
The governors called the language in the proposed rule a disappointment as the federal government continues to obstruct states' efforts to address this pressing environmental challenge.
Governor Rendell said the NHTSA language seems to contradict the president's recent call to begin working to cut the nation's greenhouse gas emissions.
"The president stood outside of the White House last week and laid out a goal for the nation: stopping the increase in greenhouse gas emissions by 2025," said Governor Rendell. "Yet, here we are again focusing our actions against counterproductive measures by the federal government when we should be focusing on how to deal with this problem."
In a separate letter to the congressional leadership, the governors made the case that the U.S. Department of Transportation, of which NHTSA is a part, was attempting to unilaterally rewrite the Clean Air Act and subvert the will of the legislative branch.
The letter to Congress stated that the department was using the proposed rulemaking to exploit the opportunity it was provided under the Energy Independence and Security Act to enact new fuel economy rules. Instead, the department is claiming authority over greenhouse gases, saying such emissions are "related to" fuel economy.
That move, argue the governors, "is a direct assault on the authorityof the United States Congress and the states," and also defies the Supreme Court ruling in Massachusetts v. EPA that found "the authority on which the states rely in regulating greenhouse gases from automobiles is, 'a statutory obligation wholly independent of DOT's mandate to promote energy efficiency'."
In addition to Pennsylvania and California, the letter was signed by the governors of Arizona, Connecticut, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Vermont and Washington.
Governor Rendell has challenged repeated attempts by the federal government to restrict or delay efforts by Pennsylvania and other states to improve air quality by limiting greenhouse gas emissions from vehicles.
In January, Pennsylvania joined a multi-state lawsuit against the U.S. Environmental Protection Agency challenging the EPA's refusal to grant California a waiver to enforce its stronger greenhouse emission standards. In testimony before the U.S. Senate that month, Governor Rendell said the EPA 'wrongfully and illegally' blocked state efforts to ensure cleaner air and water to protect public health and safety.
Pennsylvania has adopted California's stricter vehicle emission rules, but it will not realize greenhouse gas reductions from the rules unless California is permitted to enforce that portion of its clean vehicle program. Sixteen other states have adopted or are in the process of adopting California's greenhouse gas emission standards.
A year ago, in the Massachusetts v. EPA case, the Supreme Court decided the EPA has the authority under the Clean Air Act to regulate greenhouse gases like carbon dioxide as air pollutants. This decision paved the way for states to adopt regulations controlling greenhouse gas pollutants from automobiles sold within its borders.
The Rendell administration is committed to creating a first-rate public education system, protecting our most vulnerable citizens and continuing economic investment to support our communities and businesses. To find out more about Governor Rendell's initiatives and to sign up for his weekly newsletter, visit http://www.governor.state.pa.us.
EDITORS NOTE: The text of the letters to President Bush and congressional leadership follows:
April 23, 2008
The President
The White House
Washington, DC 20500
Dear Mr. President,
We are disappointed that your administration used Earth Day as a
backdrop for an assault on efforts to make real progress in controlling
greenhouse gas emissions. Yesterday, the National Highway Traffic Safety
Administration (NHTSA) used a proposed rulemaking on Corporate Average Fuel
Economy (CAFE) standards to preempt California and other states across the
nation that are working to control greenhouse gas emissions. States are
taking this action due to the utter failure of our federal government to
respond to this urgent threat.
NHTSA has no authority to preempt states from regulating greenhouse
gases. Congress and two federal district courts have rejected NHTSA's claim
to such authority. Furthermore, this attack completely undermines the
cooperative federalism principles embodied in the Clean Air Act, and is an
end run around 40 years of precedents under that law.
California intends to comment on the proposed rulemaking and, if
necessary, will sue NHTSA, just as California and other states have sued
the U.S. Environmental Protection Agency, to ensure that states retain the
right to attack global climate change emissions. I hope that you will agree
that your administration's use of a rulemaking on CAFE to attack state
efforts to address greenhouse gas emissions is inappropriate, and I await a
clear statement from you to that effect.
Sincerely,
April 23, 2008
The Honorable Harry Reid
Majority Leader
United States Senate
Washington, DC 20510
The Honorable Nancy Pelosi
Speaker of the House
U. S. House of Representatives
Washington, DC 20515
The Honorable Mitch McConnell
Minority Leader
United States Senate
Washington, DC 20510
The Honorable John A. Boehner
Minority Leader
U. S. House of Representatives
Washington, DC 20515
Dear Senator Reid, Senator McConnell, Madam Speaker, and Mr. Boehner,
We are writing to bring to your attention a cynical attempt by the U.S.
Department of Transportation (DOT) to unilaterally rewrite the Clean Air
Act and claim authority over greenhouse gas emissions.
Yesterday, the National Highway Traffic Safety Administration (NHTSA)
used a proposed rulemaking implementing the Energy Independence and
Security Act (EISA) to preempt California and states across the nation that
are taking steps to control greenhouse gas emissions. NHTSA's proposed
action is a direct assault on the authority of the United States Congress
and the states.
In passing EISA, Congress expressly provided that increasing fuel
economy standards would not limit the authority of existing laws and
regulations. Yet DOT has taken the charge given it by Congress - to issue
new fuel-economy rules - and used it to propose a radical redefinition of
federal law that would sabotage critical provisions of the Clean Air Act.
NHTSA argues that because fuel economy is "related to" greenhouse gases,
DOT has authority to deny state greenhouse gas regulations.
NHTSA's proposal flies in the face of court rulings on existing law.
The U.S. Supreme Court found in Massachusetts v. EPA that the authority on
which the States rely in regulating greenhouse gases from automobiles is,
"a statutory obligation wholly independent of DOT's mandate to promote
energy efficiency." Two federal district courts have also specifically
ruled that State vehicle regulations are not preempted by Congress'
improvements to CAFE.
In issuing this interpretation, NHTSA is also doing an end-run around
Congress in claiming authority over greenhouse gas regulation from
automobiles. In the Clean Air Act, Congress granted EPA authority over air
pollution, including greenhouse gases - not NHTSA. While Congress is in the
midst of careful deliberations and debate on its approach to greenhouse gas
regulation in the future, it should not permit the Executive Branch to
dictate an outcome to that discussion.
This action by the Administration would directly usurp Congressional
authority and patently subvert the clear intent of Congress in important
legislation related to energy use. We urge you to protest this provision of
the NHTSA rulemaking and insist on a CAFE regulation in keeping with the
intent and prerogative of Congress.
Sincerely,
Governors signatures here, with state seal at the top
cc: Members of the California Congressional Delegation
