EPA CAA Email 10.04.03 (a)
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California plans to sue the EPA over its recent decision not to regulate greenhouse gas emissions from vehicles and other sources. Nine other states and environmental groups will join the suit. They argue that the Clean Air Act gives the EPA authority to regulate greenhouse gases. A victory in this lawsuit could set a precedent that the US government can regulate these emissions. The suit may also determine if greenhouse gases are considered air pollutants under the Clean Air Act. California has been more aggressive than the federal government on air pollution rules and wants to protect its authority to regulate vehicles in the state.
![DORMS I(03 Pagel of3
RECORD TYPE: FEDERAL (NOTES MAIL)
CREATOR:Kenneth L. Peel ( CN=Kenneth L. Peel/OU=CEQ/O=EOP@Exchange CEQ
CREATION DATE/TINE: 4-OCT-2003 14:52:2 3.00
SUBJECT:: Fw: NYT on C02 litigation
TO:Paul R. Noe( CN=Paul R. Noe/OU=OMB/O=EOP@EOP 0MB I
READ: UNKNOWN
TO:Allison Boyd (CN=Allison Boyd/OU=OPD/O=EOP@Exchaflge OPD
READ: UNKNOWN
TO:djossefe~omb.eop.gov ( djossefe~0m1~ eop.gov [UNKNOWN
READ: UNKNOWN
TEXT:
FYI
Kenneth L. Peel
NSC Director for International Environmental Affairs
CEQ Associate Director, Global AffairA
202-456-3885 direct
202-395-5885 fax
kpeel~ceq.eop.gov
---- Original Messag… --
From: Kenneth Peel <peelkl~yahoo.com>i
To: Peel, Kenneth L. <KennethL. _Peelbceq.eop.gov>
Sent: Sat Oct 04 14:23:00 2003i
Subject: NYT on C02 litigation
NEW YORK TIMES REPORTO; --- OCTOBER 4,2003
0;
States Plan Suit to Prod U.S. on Global Warming
By DANNY HAKIM
Published: October 4, 2003
DETROIT, Oct. 3 0* California plans tb sue the Environmental Protection
Agency over the Bush administration'sI recent decision that the agency
lacked the authority to regulate gree Phouse gas emissions from tailpipes
and other sources, state regulators said on Friday.
Nine other states, including New York', Massachusetts and Oregon, as well
as environmental groups like the Sierra Club and the Natural Resources
Defense Council, are expected to join~ the suit. The legal strategy, an
effort to prod federal action on globIal warming, sets up a battle between
the Bush administration and the state's over policy on climate change.
[]In California, the suit is also see~n as an effort to stave off challenges
to the state's plan to regulate automotive emissions of greenhouse gases.
"This issue is vital to the future ofi our state," Gov. Gray Davis said in
a statement. "It affects important resources like our rich agricultural
lands; Sierra snowpack; the safety of: our forests and our seaside
communities."
Mark Merchant, a spokesman for the E 'P.A., said: "It's apparent that
California is reading the Clean Air FAct one way and the E.P.A. is reading
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EPA CAA Email 10.04.03 (a)
- 1. DORMS I(03 Pagel of3 RECORD TYPE: FEDERAL (NOTES MAIL) CREATOR:Kenneth L. Peel ( CN=Kenneth L. Peel/OU=CEQ/O=EOP@Exchange CEQ CREATION DATE/TINE: 4-OCT-2003 14:52:2 3.00 SUBJECT:: Fw: NYT on C02 litigation TO:Paul R. Noe( CN=Paul R. Noe/OU=OMB/O=EOP@EOP 0MB I READ: UNKNOWN TO:Allison Boyd (CN=Allison Boyd/OU=OPD/O=EOP@Exchaflge OPD READ: UNKNOWN TO:djossefe~omb.eop.gov ( djossefe~0m1~ eop.gov [UNKNOWN READ: UNKNOWN TEXT: FYI Kenneth L. Peel NSC Director for International Environmental Affairs CEQ Associate Director, Global AffairA 202-456-3885 direct 202-395-5885 fax kpeel~ceq.eop.gov ---- Original Messag… -- From: Kenneth Peel <peelkl~yahoo.com>i To: Peel, Kenneth L. <KennethL. _Peelbceq.eop.gov> Sent: Sat Oct 04 14:23:00 2003i Subject: NYT on C02 litigation NEW YORK TIMES REPORTO; --- OCTOBER 4,2003 0; States Plan Suit to Prod U.S. on Global Warming By DANNY HAKIM Published: October 4, 2003 DETROIT, Oct. 3 0* California plans tb sue the Environmental Protection Agency over the Bush administration'sI recent decision that the agency lacked the authority to regulate gree Phouse gas emissions from tailpipes and other sources, state regulators said on Friday. Nine other states, including New York', Massachusetts and Oregon, as well as environmental groups like the Sierra Club and the Natural Resources Defense Council, are expected to join~ the suit. The legal strategy, an effort to prod federal action on globIal warming, sets up a battle between the Bush administration and the state's over policy on climate change. []In California, the suit is also see~n as an effort to stave off challenges to the state's plan to regulate automotive emissions of greenhouse gases. "This issue is vital to the future ofi our state," Gov. Gray Davis said in a statement. "It affects important resources like our rich agricultural lands; Sierra snowpack; the safety of: our forests and our seaside communities." Mark Merchant, a spokesman for the E 'P.A., said: "It's apparent that California is reading the Clean Air FAct one way and the E.P.A. is reading file://D:1 63_f_3354j003 ceq.txt 4/1/2004
- 2. Page 2 of 3 oft opinion there, and California has it another way. There's a difference decided to ask the court to make a deci~sion." several states challenging the Bush The move comes after suits filed by over power plants. administration's loosening of regulatio{15 ont Friday that the suit against the Mr. Davis's administration announced California and the other states and E.P.A. would come in a matter of days. aljoint announcement within a few environmental groups planned to make moved up its timetable because of the weeks, but the Davis administration on the planned lawsuit said. impending recall election, people briefed announced in late August, that The suit stems from the E.P.A.'s decision, emissions of carbon dioxide and it did not have the authority to regulate ttends. Many scientists, but not all, other gases linked to global warming of health and environmental say such trends are leading to a variety problems. The E.P.A. decision came in response 5o a petition from environmental and was a reversal of the Clinton groups to take action on climate change ,Environmental groups and regulators administration's policy on the matter. Act does give the federal government in several states say the Clean Air such authority. to: regulate greenhouse gases, it will "If the United States is ever going said David Bookbinder, Washington start with a victory in this lawsuit,"! legal director for the Sierra Club. to regulate air pollutants, The Clean Air Act directs the governmeint radioactive substance or including "any physical, chemical, bio~logical enters ambient air" if they "may matter which is emitted into or other;4ise health or welfare." Climate reasonably be anticipated to endangeripublic public welfare. change is included as a possible harmito gases will be classified as air The case could resolve whether greenhouse pollutants. the suit are New York, Washington, The nine other states expected to joiA Illinois, Vermont and Oregon, New Jersey, Massachusetts, Maine, said Friday. Connecticut, officials in California California has long been the most Because of its history of smog probleL~5 Because the state's air aggressive state on matters of air policy. it has the authority to set its own policies predated the Clean Air Act, JCalifornia's more aggressive rules standards, and other states can pick over the federal government's. blecame the first and, so far, only Last year, California's Legislature a measure aimed at curbing global legislative body in the nation to enact warming emissions from cars.I with the auto industry, which is The legislation put the state at odds groups are concerned that widely expected to sue the state. Environmental argument to undercut legal the E.P.A.'s ruling could be used asla California's authority to regulate greenhouse gases. the federal government to do "California has the dual motive of wanting the Bush administration to of the job and to push back on the attempt Doniger, interfere with California's attempt to do its job," said David D. Defense Council. a policy director at the Natural Resources file:/ID:163_f_3354j003 ceq.txt I4/1/2004
- 3. Page 3 of 3 did~not necessarily preclude Mr. Merchant said the E.P.A. action California from acting on its own. the suit because the specifics of The auto industry has yet to file The ultimate tenor of the regulation measure itself have not been written. office, because the chairman of the depends on who occupies the governor's an appointee of the governor. state's Air Resources Board is Republican candidate whose enthusiasm Arnold Schwarzenegger, the leading supports the legislation. for Hummers has unsettled environmentalmsts, law," a to cIut greenhouse gases is now "California's landmark legislation it and to win "I will! work to implement statement on his Web site says. the expected challenges in court along the way." Do you Yahoo!? improved product search The New Yahoo! Shopping - with //shopping.yahoo.com> http: //shopping.yahoo.com <http: 4/1/2004 _ file:/ID:163_f_3354j0033eq.txt