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Governor Bill Richardson and 11 other States Blast Federal Rulemaking on Greenhouse Gas Emissions from Cars

New Federal Rulemaking Attempts to Block States from Regulating Those Emissions 

(Santa Fe, NM) – Governor Bill Richardson and the governors of 11 other states sent a joint letter to President Bush today expressing dissatisfaction with the Administration’s attempt through a proposed rulemaking to preempt states working to control greenhouse gas emissions from automobiles.  

Those governors also sent a joint letter to U.S. Congressional leaders expressing similar dismay (The letters are attached). The other states include Arizona, Connecticut, Maryland, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Vermont and Washington. 

“This proposal from the Bush Administration is nothing but a wolf in sheep’s clothing,” Governor Richardson said. “To further hobble a fuel economy standard that does not go far enough with language preempting states’ authority to combat global climate change is folly. While the Bush Administration is attempting to roll back progressive policies, states are forging ahead. We will continue to show that you can take aggressive efforts to address climate change while creating good, high-paying, sustainable jobs for the future.” 

“This rulemaking reflects the Bush Administration’s clear disregard for the health of its citizens,” said New Mexico Environment Department Secretary Ron Curry. “Greenhouse gas emissions from transportation are expected to grow faster than any other sector in New Mexico. This rulemaking could detrimentally affect the state’s ability to curb that pollution.” 

The rulemaking on Corporate Average Fuel Economy or CAFE standards, which the U.S. Department of Transportation’s National Highway Traffic Safety Administration proposed yesterday, essentially rewrites the Clean Air Act and gives the federal government authority over greenhouse gas emissions from automobiles.

That rulemaking contradicts recent court rulings. 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 the U.S. Department of Transportations mandate to promote energy efficiency.” Two federal district courts also specifically ruled that state vehicle regulations are not preempted by Congress’s improvements to CAFÉ. “NHTSA has no authority to preempt states from regulating greenhouse gas emissions,” the letter to the President states.  

The governors’ letter to U.S. Congressional leaders states the action by the “administration would directly usurp congressional authority and patently subvert the clear intent of Congress in important legislation related to energy use.” 

The states intend to comment on the rulemaking and file a lawsuit against NHTSA if necessary.

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