New Jersey AG Announces Suits Against EPA over Failure to Act on Global Warming

November 8, 2007 -- TRENTON – New Jersey Attorney General Anne Milgram announced today that New Jersey has joined with California and 13 other states in suing the federal Environmental Protection Agency (EPA) over its failure to act on a waiver that would enable California – and ultimately New Jersey and the other states -- to impose tougher greenhouse gas emission standards for passenger cars and light-duty trucks beginning with the 2009 car model year.

Filed today in Washington, D.C., two separate federal lawsuits seek to compel EPA to take action on California’s 22-month-old request for a waiver from the “preemption” provision of the federal Clean Air Act by December 31, 2007. The waiver would enable California to set its own limits on greenhouse gas emissions, including carbon dioxide.

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Under the Clean Air Act, EPA’s granting of a waiver would also free up New Jersey and the other states to enact the California-set limits on greenhouse gas emissions. The federal government sets national air pollution standards, but the Clean Air Act affords California unique standing to enact its own regulations -- if first granted permission by the EPA. Other states can then elect to adopt the California standards. At present, there are no federal standards for greenhouse gas emissions.

“New Jersey has been doing its part to address the threat of global warming, and we have been urging EPA to do its part by granting the California waiver request,” said Milgram. “Granting of the waiver would enable New Jersey to reduce greenhouse gas emissions by a substantial amount, and reduce our citizens’ exposure to ozone pollution. We have reached the point where EPA’s failure to decide is holding up New Jersey’s efforts to deal with this important quality of life issue. It is time for EPA to either act or get out of the way.”

Earlier this year, Milgram testified at an EPA hearing in Washington, D.C. on the California waiver issue. At that hearing, she noted that New Jersey has 130 miles of highly-populated coastline, and is “extremely vulnerable” to the sea-level rise predicted due to global warming.

Milgram explained that New Jersey Governor Jon Corzine has signed an Executive Order that sets a goal of cutting greenhouse gas emission levels in the state 20 percent by the year 2020, and calls for a reduction from 2006 levels of 80 percent by the year 2050.

Milgram said the granting of California’s waiver request would lead to at least one-third – and likely much more – of the nationwide fleet of new vehicles reducing greenhouse gas emissions significantly.

“Auto makers will be encouraged to build cleaner, gasoline-powered cars,” she testified at the hearing. “These clean cars should be, and will be, brought to New Jersey and numerous other states if California’s waiver request is granted. The problem of global warming is real and EPA must do what it can to help combat it.”

In 1990, California introduced a new “low emission vehicle” program governing pollutants, including carbon monoxide and nitrogen oxide. New Jersey adopted the emission standards of the California program. California subsequently enacted a second phase of the program and, on December 21, 2005, sought the EPA waiver enabling tough new limits on greenhouse gas emissions.

The two lawsuits filed today in Washington, D.C – one in U.S. District Court, the other in the U.S. Court of Appeals – argue that, in allowing it to languish since 2005, EPA has “unlawfully withheld and unreasonably delayed” the California waiver request.

While scientific support for global warming is significant, and evidence of the environmental and economic threat it poses is substantial, the EPA has resisted regulatory approaches to controlling greenhouse gases.

However, in April of this year, the U.S. Supreme Court issued a landmark ruling that EPA has authority under the Clean Air Act to regulate greenhouse gases as air pollutants.

The Supreme Court decision paved the way for California, New Jersey and other states to adopt regulations to control greenhouse gases found in the pollution from vehicles sold in their states.

Joining New Jersey as interveners in the California lawsuit are Massachusetts, Maryland, Maine, Connecticut, New York, New Mexico, Oregon, Rhode Island, Washington, Illinois, Vermont, Arizona and Pennsylvania.

Deputy Attorney General Lisa Morelli, of the Division of Law’s Environmental Enforcement section, handled the matter on behalf of the state.

Source: New Jersey Attorney General