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15 US states and five NGOs sue EPA over denial of Californian GHG emissions waiver

3rd January 2008

Fifteen US states and five non-profit groups announced on 2nd January that they were joining California in filing lawsuits against the federal Environmental Protection Agency, challenging the agency’s 19th December to deny California its request to implement its landmark law limiting greenhouse gas emissions from new vehicles. The NGOs were the Conservation Law Foundation, Environmental Defense, International Center for Technology Assessment, Natural Resources Defense Council (NRDC) and the Sierra Club.

"The EPA wrongfully and illegally blocked our efforts to do something about climate change - all they should have done was step aside and let the states take the lead," said Governor Rendell of Pennsylvania. In addition to Pennsylvania and California, other states intervening in the suit are: Arizona, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington.

Under the federal Clean Air Act passed in 1963, California is expressly allowed to impose environmental regulations that are stricter than federal rules in recognition of the state's "compelling and extraordinary conditions," which include unique topography, climate and high number and concentration of vehicles.

In the 40-year history of the act, the EPA has granted approximately 50 waivers to California for innovations like catalytic converters, exhaust emission standards, and leaded gasoline regulations. Until last month, a waiver request had never been denied.

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