May 30, 2007

Extraordinary & Compelling Conditions?

The above is one of the standards which federal officials will use to determine the fate of California’s landmark tailpipe emissions law.

This morning, a panel of regulators from the U.S. Environmental Protection Agency traveled to Sacramento to hear more testimony on whether California should be granted permission to enact tougher greenhouse gas emission standards than allowed under federal law.

Last week, EPA officials held a similar hearing back east. Today, many of the same witnesses testified both in support, and opposition, to the request.

State officials requested the waiver of the federal law some 16 months ago, arguing that California’s specific climate change issues need extra attention; 11 other states are now pursuing similar regulations.

So does California have “extraordinary and compelling conditions” for the EPA waiver? Yes, said countless witnesses, including Assembly Speaker Fabian Nunez and Attorney General Jerry Brown.

“California is the only place where real action is being taken to control greenhouse gases,” Brown said in comments to reporters.

The only real opposition at the hearing came from the auto industry, which is also pursuing a lawsuit against the state over the 2002 law. An industry attorney used video footage in today’s hearing of depositions from that lawsuit to try to make his point– depositions of California government officials that, the auto industry says, casts doubt on whether the emissions law will actually help reduce global warming.

The 2002 law “only has symbolic effects on global warming,” said Andrew Clubok, an attorney representing the Alliance of Automobile Manufacturers.

Some of Brown’s comments to reporters can be heard here. Some of auto attorney Clubok’s comments to reporters can be heard here.

The EPA must make a decision by late October… and even if it denies the request, California officials have promised a lawsuit.