New York Joins Car-Emissions Lawsuit

Submitted by the New York State Department of Environmental Conservation

ALBANY, NY – Thursday, New York joined in a multi-state lawsuit against the U.S. Environmental Protection Agency for delaying a decision on whether to allow states to aggressively reduce car and truck emissions, Department of Environmental Conservation (DEC) Commissioner Pete Grannis announced.

The states seek to follow a California plan to require all new vehicles models sold there to cut greenhouse gas emissions beginning in 2009; the goal would be to reduce emissions approximately 20 percent by 2020, varying by state. But California and other states need a federal waiver from the EPA to implement the new standards. EPA has had the California waiver request for nearly two years without making a decision – prompting the lawsuit.

“The Bush Administration is the only obstacle standing in the way of action by the states to reduce motor vehicle emissions that cause climate change. If EPA is not going to do its job and protect our environment from climate change, it should get out of the way and let the states act,” Grannis said.

California filed its lawsuit in federal court in Washington D.C. Thursday morning, with New York joining shortly thereafter. Other states expected to join the suit were Arizona, Connecticut, Illinois, Maine, Massachusetts, Maryland, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont and Washington.

Two recent court decisions on related matters have boosted the states’ push on automobile emissions standards. In April, the U.S. Supreme Court ruled that the EPA can regulate carbon dioxide – the most prevalent greenhouse gas – as an air pollutant. In October, a federal judge ruled against an automobile industry lawsuit that attempted to throw out Vermont’s new emissions regulations – which are similar to California’s and New York’s – claiming that states cannot set their own emissions policy.

“Motor vehicles are the largest source of carbon dioxide emissions in New York and throughout the Northeast,’’ Grannis said. “Action by the states to reduce these emissions is an essential part of an effective strategy to deal with global climate change.”

Reducing automobile emissions is a key piece of Governor Eliot Spitzer’s efforts to mitigate climate change. Earlier this year, the Governor unveiled his “15 x 15” plan to reduce energy use by 15 percent from forecasted levels by the year 2015 through new energy efficiency programs intended to reduce energy bills, greenhouse gas emissions and other air pollution.

The Governor has also advanced a new, cutting-edge plan to cap power plant emissions and signed legislation to require new vehicles beginning with the 2010 model year to feature a “global warming index,” much like a price sticker, that evaluates emissions. The administration has also announced legislation that will offer direct incentives to homeowners who build or renovate homes meeting “green building” criteria and has announced that, beginning next year, all new state construction projects managed by the Dormitory Authority will meet “green building” standards.

Attorney General Andrew Cuomo also issued a statement on the matter Thursday.

“Today my office is leading a coalition of fourteen states who are joining California to fight for the states’ right to take action on global warming pollution from vehicle emissions,” Cuomo said.

“Our leadership in this intervention is another important front in New York’s ongoing fight against global warming,” he added. “We are filling the void left by the Bush administration’s refusal to protect the environment. If the federal government won’t lead on this critical issue, it should get out of the way of states like New York that are moving forward with sensible steps to address the climate crisis.”

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