In a widely anticipated move, the U.S. Environmental Protection Agency said June 30 that it is granting California's waiver request that will allow the state to enforce unique greenhouse gas emissions standards for new motor vehicles. The Clean Air Act allows California to take such action, subject to federal approval, due to the seriousness of the state's air pollution challenges.
The decision may indicate that the agency is moving forward with its efforts regarding greenhouse gas emissions, regardless of the recent 
passage by the House of Representatives of the Waxman-Markey climate change bill.
"What it does mean is that EPA is showing that they're not waiting for Congress. They want states to continue to exercise the authority they have," said Michael Gerrard, director of the Center for Climate Change Law at Columbia Law School. "Today's action might be seen as a signal from EPA that is going to proceed with … the endangerment finding and perhaps proceeding from there to issue an air quality standard for greenhouse gas emissions."
EPA's proposed endangerment finding would declare carbon dioxide and five other greenhouse gases contributors to air pollution and a threat to human health and welfare. That would lead to the agency establishing standards under the Clean Air Act. Electric power and natural gas utilities are against the EPA's regulating greenhouse gases and prefer federal legislation. Reasons given range from the harsh blow it would deal the existing fragile economy to questions raised about the science and research that assert greenhouse gas emissions threaten human health and welfare. The agency's policies would likely face myriad lawsuits that could create uncertainty for entities that would be affected by EPA standards.
"Uniformity and certainty are highly desired, and you'll only get that through federal legislation," Gerrard said. He added that the Waxman-Markey bill would block EPA from taking action under the Clean Air Act on a variety of issues.
California's first waiver request was submitted in December 2005 and denied by the EPA in March 2008, based on an interpretation of the Clean Air Act that said the state did not have a need for its greenhouse gas emissions standards to meet "compelling and extraordinary conditions." President Barack Obama directed EPA in January to reassess the waiver, and California officials asked EPA to review the denial.
The granting of the waiver comes on the heels of Obama's announcement in May of a national policy aimed at increasing fuel economy and reducing greenhouse gas pollution for all new cars and trucks sold in the United States. The new standards would cover model years 2012-2016.
"After being asleep at the wheel for over two decades, the federal government has finally stepped up and granted California its nation-leading tailpipe emissions waiver. This decision is a huge step for our emerging green economy that will create thousands of new jobs and bring Californians the cars they want while reducing greenhouse gas emissions," California Gov. Arnold Schwarzenegger said in a June 30 news release.
California is the only state under the Clean Air Act that may set standards for vehicles that are stricter than the federal government with the approval of federal regulators. Now that California has been granted the waiver, other states may choose to adopt California's cleaner standards as well.
"This decision puts the law and science first. After review of the scientific findings, and another comprehensive round of public engagement, I have decided this is the appropriate course under the law," EPA Administrator Lisa Jackson said in a June 30 news release. "This waiver is consistent with the Clean Air Act as it's been used for the last 40 years and supports the prerogatives of the 13 states and the District of Columbia who have opted to follow California's lead. More importantly, this decision reinforces the historic agreement on nationwide emissions standards developed by a broad coalition of industry, government and environmental stakeholders earlier this year."
