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EPA Emissions Ruling Robs States Of Right To Protect Public

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The Tampa Tribune

Published: January 8, 2008

If a Bush administration ruling stands, states are going to need the federal Big Brother's permission to deal with pollution or other problems that plague them.

The U.S. Environmental Protection Agency's stance undermines states' rights, and Republican Govs. Arnold Schwarzenegger and Charlie Crist are understandably boiling mad about the affront.

The EPA last month blocked efforts by California and 16 other states, including Florida, to limit greenhouse emissions from cars and trucks.

EPA Administrator Stephen Johnson ruled that the recent energy bill passed by Congress made the emissions standards spearheaded by California unnecessary.

But California's proposed rules were more stringent than the federal government's. If California's standards had been accepted by the EPA, the other states intended to adopt similar restrictions.

The ruling essentially says that states cannot take stronger action than the federal government. This is ludicrous.

The 17 states, which account for about half the U.S. population, are seeking to reduce greenhouse emissions precisely because Washington has failed to take sufficient action.

Crist, for instance, views the sea-level rise, droughts, water shortages and other possible results from climate change as serious threats to Florida's future welfare. He has resolved to gradually reduce greenhouse gas emissions, increase energy efficiency and promote renewable energy sources.

Sponsors of the energy bill, including Sen. Dianne Feinstein, a California Democrat, say the bill was intended to establish baseline standards, not preclude states from adopting what they deemed necessary for their particular circumstances.

Apparently, even EPA staffers agreed. The Los Angeles Times found that Johnson ignored his staff's written findings in rejecting California's request for a waiver from existing Clean Air Act rules to further cut greenhouse gases.

It quoted one staffer: "California met every criteria ... on the merits. The same criteria we have used for the last 40 years on all the other waivers. We told him that. All the briefings we have given him laid out the facts."

But facts may not have been the deciding factor in Johnson's decision.

It is perhaps no coincidence that auto industry executives met with Vice President Dick Cheney shortly before the EPA handed down its decision.

The newspaper reports: "Technical and legal staff also concluded if the waiver were denied, EPA would likely lose in court to the state."

Schwarzenegger filed a lawsuit challenging the ruling, and Crist has said he also may sue on behalf of Florida's citizens. It is worth the fight.

This about more than climate change. At issue is whether states have the authority to protect the public health and resources within their boundaries. Clearly, states should have that right.

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