Oregon Joins California Lawsuit Against the EPA

Joining lawsuit is part of Oregon effort to implement tougher emissions standards that will reduce greenhouse gasses and combat global warming

November 8, 2007 -- Salem - Oregon Governor Kulongoski today, along with Attorney General Hardy Myers, joined two legal actionsfiled this morning by the State of California to force the US Environmental Protection Agency (EPA) to take action on California ’s request for approval to regulate greenhouse gas in pollution from automobiles sold in the state.

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“The clean cars program is an essential part of my strategy for Oregon to combat global warming,” said Governor Kulongoski. “The failure of the EPA to issue a waiver that would enable the program to move forward blocks the ability of other states to address global warming.” The Governor went on to point out that in Oregon transportation accounts for one-third of greenhouse gas emissions.

The EPA’s delay in acting on California’s waiver request has stalled not onlythe implementation of California’sgreenhouse gas (GHG) regulations for cars, but all of the other states’ identical regulations. Oregon, and the other states, cannot enforce these regulations since, under the Clean Air Act, the Agency must first grant a waiver to California’s GHG regulation.

"The EPA has dragged its feet in deciding whether or not to grant California its waiver for auto emissions rules and, until that decision is made, Oregon's auto emissions rules remain on hold," stated Attorney General Myers. "This delay has left Oregon no option but to join today's legal action."

On December 21, 2005, California requested a waiver from EPA to implement the GHG greenhouse gas regulations. Now, almost two years later, EPA has still failed to act on the request. On Thursday,California, arguing that the EPA has “unlawfully withheld and unreasonably delayed” action on its waiver request, filed two legal actionsagainst the EPA seeking court orders requiringtheEPA to take action on the waiver petitionby December 31, 2007. One lawsuit was filed in the U.S. District Court for the District of Columbia, and the second was filed in the U.S. Court of Appeals for the District of Columbia Circuit.

Joining Oregon in today’s case are: Massachusetts, New York, Connecticut, New Jersey, Maryland, Maine, New Mexico, Rhode Island, Washington, Illinois, Vermont, Arizona and Pennsylvania.

Source: Oregon Governor