Vermont Court Backs State Efforts to Regulate Emissions

Conservation groups are welcoming a court decision upholding Vermont's efforts to regulate greenhouse gas emissions from new cars, according to news from the Sierra Club and other organizations involved in the case.

Judge William Sessions, a federal district court judge in Vermont, ruled Wednesday against auto industry plaintiffs who had argued the Vermont regulations were pre-empted by federal law.

Citing Pres. George W. Bush's stated goals of improving auto-fuel efficiency standards and the auto industry's own research into hybrid technology, ethanol-based fuels and other advances intended to improve car mileage and reduce emissions, Judge William Sessions said the plaintiffs' claims that the Vermont regulations would create industry hardship did not wash.

"The manufacturers have become fully engaged in developing these technologies to address emissions concerns, and those efforts are front-and-center in the public record," Sessions wrote in his decision. "In light of the public statements of industry representatives, history of compliance with previous technological challenges, and the state of the record, the Court remains unconvinced automakers cannot meet the challenges of Vermont and California's GHG (greenhouse gas) regulations."

A group of auto-industry dealers, manufacturers and associations filed the lawsuit after Vermont in 2005 adopted California-style standards for greenhouse gas emissions from new cars. The case, actually two lawsuits that were consolidated, were brought against officials with Vermont's Agency of Natural Resources, Department of Environmental Conservation and Air Pollution Control Division.

Other groups that intervened on behalf of Vermont included the Conservation Law Foundation, the Sierra Club, the Natural Resources Defense Council, Environmental Defense, the Vermont Public Interest Research Group and the State of New York.

The auto groups argued the Vermont regulations were pre-empted by federal standards set by the Clean Air Act and the Energy Policy and Conservation Act. However, Judge Sessions determined that, while Environmental Protection Agency (EPA) rules prevent states from adopting their own emission control standards, they also require the EPA to consider a waiver for the standard adopted by California in 2004. The EPA rules also allow other states to adopt the California standard, if the waiver is granted, and if the states adopt the same standard at least two years before the California rules are set to take effect.

California is still awaiting a decision from the EPA on its waiver application. The California standards are scheduled to take effect for the 2009 auto model year.

Vermont is not the only state seeking to establish California-style standards on auto emissions. Other states that have adopted similar regulations include Connecticut, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Rhode Island and Washington.

Conservation groups said this week's ruling should send a message to both the auto industry and federal officials.

"While the importance of this victory can scarcely be overstated, it's now time for the Bush Administration's EPA to get out of the way and grant California the waiver it and other states need in order to move forward with these landmark standards," said David Bookbinder, chief climate counsel for the Sierra Club. "Congress should also take note of this momentous decision and give great weight to the judge's important findings regarding the automakers claims as it weighs its own action in this area."

"This ruling takes away the last excuse for delay -- it's time for EPA to clear the way for cleaner cars," said Jim Tripp, general counsel for Environmental Defense. "The U.S. auto industry should stop litigating and start innovating."

Sierra Club, "Watershed Victory in Fight Against Global Warming." URL: (http://www.sierraclub.org/pressroom/releases/pr2007-09-12.asp)