California Gov. Leads in Sending Letters to Bush, Congressional Leaders on DOT’s Proposed Fuel Economy Regulations

04/24/2008 -- California Governor Arnold Schwarzenegger today joined with 11 other governors in sending a letter to President Bush expressing disappointment that the administration has chosen not to support the states' efforts to control greenhouse gas emissions.

California Governor Arnold Schwarzenegger: Photo courtesy California Governor's office

The National Highway Traffic Safety Administration's proposed rulemaking on Corporate Average Fuel Economy (CAFE) standards is an attempt to preempt states that are working to control greenhouse gas emissions. In addition to the letter to the President, these states also sent a letter to Congressional leaders urging them to protest this provision and insist on a CAFE regulation that is consistent with Congress' intent.

Below is full text of the letters to President Bush and Congressional leaders:

April 23, 2008

The President
The White House
Washington, DC 20500

Dear Mr. President,

We are disappointed that your administration has chosen not to support our efforts to make real progress in controlling greenhouse gas emissions. On Tuesday, the National Highway Traffic Safety Administration (NHTSA) used a proposed rulemaking on Corporate Average Fuel Economy (CAFE) standards in an attempt to preempt our states and others across the nation that are working to control greenhouse gas emissions. States must take this action because the federal government has not adequately responded to this urgent threat.

NHTSA has no authority to preempt states from regulating greenhouse gases. Congress and two federal district courts have rejected NHTSA's claim to such authority. Furthermore, this attack completely undermines the cooperative federalism principles embodied in the Clean Air Act, and is an end run around 40 years of precedent under that law.

Our states intend to comment on the proposed rulemaking and, if necessary, will sue NHTSA, just as California and other states have sued the U.S. Environmental Protection Agency, to ensure that states retain the right to reduce global climate change emissions. We hope that you will reconsider this rulemaking on CAFE in light of the crucial efforts undertaken by states to address greenhouse gas emissions. We look forward to your response.

April 23, 2008

Dear Senator Reid, Senator McConnell, Madam Speaker, and Mr. Boehner,

We are writing to bring to your attention a cynical attempt by the U.S. Department of Transportation (DOT) to unilaterally rewrite the Clean Air Act and claim authority over greenhouse gas emissions.

On Tuesday, the National Highway Traffic Safety Administration (NHTSA) used a proposed rulemaking implementing the Energy Independence and Security Act's Corporate Average Fuel Economy (CAFE) provisions to attempt to preempt California and states across the nation that are taking steps to control greenhouse gas emissions. NHTSA's proposed action is a direct assault on the authority of the United States Congress and the states.

In passing the Energy Independence and Security Act (EISA), Congress expressly provided that increasing fuel economy standards would not limit the authority of existing laws and regulations. Yet DOT has taken the charge given it by Congress - to issue new fuel-economy rules - and used it to propose a radical redefinition of federal law that would sabotage critical provisions of the Clean Air Act. NHTSA argues that, because fuel economy is "related to" greenhouse gases, DOT has the authority to deny state greenhouse gas regulations.

NHTSA's proposal flies in the face of court rulings on existing law. 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 DOT's mandate to promote energy efficiency." Two federal district courts have also specifically ruled that state vehicle regulations are not preempted by Congress's improvements to CAFE.

In issuing this interpretation, NHTSA is also doing an end run around Congress in claiming authority over greenhouse gas regulation from automobiles. In the Clean Air Act, Congress granted the Environmental Protection Agency - not NHTSA - authority over air pollution, including greenhouse gases. While Congress is in the midst of careful deliberations on its approach to greenhouse gas regulation in the future, it should not permit the executive branch to dictate an outcome to that discussion.

This action by the administration would directly usurp congressional authority and patently subvert the clear intent of Congress in important legislation related to energy use. We urge you to protest this provision of the NHTSA rulemaking and insist on a CAFE regulation in keeping with the intent and prerogative of Congress.

Sincerely,

Governor Arnold Schwarzenegger
California

Governor Janet Napolitano
Arizona

Governor M. Jodi Rell
Connecticut

Governor Martin O'Malley
Maryland

Governor Deval Patrick
Massachusetts

Governor Jon S. Corzine
New Jersey

Governor Bill Richardson
New Mexico

Governor David Paterson
New York

Governor Theodore R. Kulongoski
Oregon

Governor Edward G. Rendell
Pennsylvania

Governor James H. Douglas
Vermont

Governor Christine O. Gregoire
Washington

cc: Members of the California Congressional Delegation
Members of the Arizona Congressional Delegation
Members of the Connecticut Congressional Delegation
Members of the Maryland Congressional Delegation
Members of the Massachusetts Congressional Delegation
Members of the New Jersey Congressional Delegation
Members of the New Mexico Congressional Delegation
Members of the New York Congressional Delegation
Members of the Oregon Congressional Delegation
Members of the Pennsylvania Congressional Delegation
Members of the Vermont Congressional Delegation
Members of the Washington Congressional Delegation

Source: California Governor

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