Judge says California can limit emissions

Handing a major defeat to the auto industry, a federal judge ruled Wednesday that California can regulate greenhouse gas emissions from vehicles.

SACRAMENTO, Calif. — Handing a major defeat to the auto industry, a federal judge ruled Wednesday that California can regulate greenhouse gas emissions from vehicles.

The ruling by U.S. District Court Judge Anthony Ishii in Fresno clears one of the hurdles in California’s effort to regulate tailpipe emissions from cars, trucks and sports utility vehicles.

Oregon joined California and 13 other states when it filed suit against the federal government Nov. 9.

Automakers sued the state over the tailpipe standards it approved in 2004, which would force automakers to build cars and light trucks that produce about 30 percent fewer greenhouse gases by 2016.

However, California still needs a waiver from the U.S. Environmental Protection Agency to begin implementing the program. The EPA has not yet issued a decision on the waiver.

“It’s a major victory and a giant step forward for California,” California Attorney General Jerry Brown said of Wednesday’s ruling. “I hope this will get the attention of President Bush and have him support significant caps on greenhouse gas emissions.”

In its lawsuit against California, the Association of International Automobile Manufacturers argued that it was the federal government’s responsibility to establish one uniform fuel economy standard. Without one, manufacturers would be forced to produce vehicles using too many different efficiency standards, raising the cost of cars and eliminating some model choices.

But Ishii rejected that claim, saying Congress gave California and the EPA the authority to regulate vehicle emissions, even if those rules are more strict than those imposed by the federal government.

Oregon adopted California’s auto emissions limits in 2005 but cannot hold auto manufacturers to the new standards for cars and trucks until California gets the waiver from the EPA.

Other states are now free to choose either the California rules or the federal government’s.

The eight-year phase-in is supposed to begin with the 2009 model year, which auto dealers will roll into showrooms during 2008.

“The clean cars program is an essential part of my strategy for Oregon to combat global warming,” Oregon Gov. Ted Kulongoski wrote in a statement at the time.

The Eugene-based Western Environmental Law Center also joined the suit in support of California on behalf of eight environmental groups based in Oregon, Washington, California and Arizona.

“It’s becoming increasingly clear that what may be the largest long-term threat to old growth forests and fish and clean water in Oregon may be global warming,” said Steve Pedery of Oregon Wild, one of the eight groups.

“The sooner we begin addressing this threat, the more likely we are to be able to protect those values,” he said in November.

The Environmental Protection Agency insisted it has moved expeditiously to consider California’s December 2005 request for an implementation waiver.

The agency had to wait until the U.S. Supreme Court ruled it has authority to regulate greenhouse gases. That didn’t happen until April. Then the agency had to allow for public comment on California’s request, said EPA spokeswoman Jennifer Wood.

Dan Galpern, a Eugene attorney representing environmental groups in the case, said the EPA is without legal foundation for denying California’s waiver, so the only means it has to stop the standards is to stall on issuing a decision.

“Until we have a decision we can’t challenge the decision,” Galpern said when the suit was filed. “Even if (the lawsuit prompts) an adverse decision, we’re one step closer to putting these important programs into effect.”

The Oregon emission standards would require each automaker to bring specific cars and trucks into the state each year to meet specific average greenhouse gas reductions.