Potential energy
by top DIGG newsGovernors Protest NHTSA CAFE Rules Over GHG, Threaten Lawsuit
The governors of 12 US states have sent a joint letter to President Bush protesting the proposed rulemaking on Corporate Average Fuel Economy (CAFE) standards, proposed by NHTSA (earlier post), which gives the federal government authority over greenhouse gas emissions from automobiles.
The governorsof Arizona, Connecticut, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Vermont and Washingtonalso sent a joint letter to US Congressional leaders.
The governors contend that the NHTSA rulemaking contradicts recent court rulings. The US Supreme Court held 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 the US Department of Transportations mandate to promote energy efficiency.” Two federal district courts also specifically ruled that state vehicle regulations are not preempted by Congress’ improvements to CAFE.
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 precedents under that law.
letter to the president
The governors’ letter to US Congressional leaders states the action by the “administration would directly usurp congressional authority and patently subvert the clear intent of Congress in important legislation related to energy use.“
The states intend to comment on the rulemaking and file a lawsuit against NHTSA if necessary.
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