In a long expected move, the Trump administration announced Thursday morning that it is proposing to weaken the Obama-era clean car emissions and fuel efficiency standards, and that it will seek to limit California’s authority to set tougherย standards.
The proposal, first reported last week, comes from the Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration, and suggests freezing fuel economy targets at 2020 levels through 2026, along with a number of other less-preferredย options.
As importantly, the proposal will open up public comment on whether the EPA can revoke California’s waiver under the Clean Air Act, which allows the state to set its own greenhouse gas standards from tailpipe emissions. In the history of the Clean Air Act, a waiver that has previously been granted to California has never beenย revoked.
Significantly, the only time a waiver request has been denied to California was by William (Bill) Wehrum, who is now serving in the same role as assistant administrator for air and radiation at the EPA, as he was in the George W. Bush EPA that first denied California’s request. At the time, Wehrum argued that states were preempted from setting their own emissionsย standards.
Email from Bill Wehrum to EPA staff justifying the EPA‘s unprecendented denial of California’s Clean Air Act waiver request in 2006.ย Credit: Senate Committee on Environment and Public Works.
In a call with reporters on Thursday, he pushed the preemption argument again. โThere’s pretty strong evidence that Congress intended the federal government to be the primary regulator here,โ Wehrum said. โAll of us want one national program. It makes no sense to have a two-car world where certain cars have to be sold in one part of the country and other cars have to be sold in another part of the country โฆ So we’re going to try to work itย out.โ
Wehrum also argued on the call that rolling back the standards would actually improve overall fleetwide emissions levels, by lowering costs of new vehicles. The proposal has โeverything to do with just trying to turn over the fleet โฆ and get more clean and safe cars on the road,โ saidย Wehrum.
This echoes a talking point used repeatedly by the powerful Alliance for Automobile Manufacturers (or Auto Alliance) trade group, which counts Toyota, Ford, General Motors, Fiat Chrysler, BMW, Mercedes, and Volkswagen amongย its members. The Auto Alliance, which was publicly calling for these standards to be weakened before claiming that they didn’t want a rollback, had relied on cherry-picked data and outright climate denial while lobbying for regulatoryย relief.
The revocation of California’s waiver would be fulfilling the wishes of many conservative organizations with close ties to the Koch brothers and Koch Industries.
As DeSmog has previouslyย reported:
โIn April, the American Consumer Institute (ACI) organized a letter to then EPA administrator Scott Pruitt calling ‘for the revocation of Californiaโs waiver from the Clean Air Act, which allows the state to decouple from federal policy and impose strict emission standardsย onย automobiles.’
Eight of the eleven groups that signed the ACI letter have clear financial or organizational ties to the Koch network, including the Taxpayers Protection Alliance (TPA), FreedomWorks, the Competitive Enterprise Institute (CEI), and Americans for Tax Reform.
In May, three former members of President Trumpโs transition teams โ all of whom work or worked with Koch-funded and Koch-founded organizations โย sent the president another letter, which also argued for the EPA to withdraw Californiaโs legislated right to set its own tailpipeย emissionsย standards.
As DeSmog reported at the time, that ‘letter was signed by Tom Pyle of the Institute for Energy Research (IER), Myron Ebell of the Competitive Enterprise Institute, and Shirley Ybarra, a former fellow at the Reason Foundation. All three organizations have close Koch ties, and Pyle was himself a lobbyist for Koch Industries, the petrochemical empire privately owned by billionaire brothers Charles andย Davidย Koch.’โ
Unsurprisingly, Myron Ebell of the Competitive Enterprise Institute was quick to applaud the proposal, calling it โgood news for consumers.โ Ebell added, โEven better news is the decision to take California out of the driver’s seat for setting CAFE standards for the entire country. Letting one state make decisions for people in other states makes a bad program even worse, especially since the state is California, which has been pursuing an anti-car agenda forย decades.โ
‘This is a Stupid Policy’ and Otherย Reactions
Former California Governor Arnold Schwarzenegger called out the โstupid, fake-conservative policyโ in a statement onย Twitter:
My statement on todayโs stupid, fake-conservative policy announcement that no one asked for. pic.twitter.com/ojAhWTFpDM
โ Arnold (@Schwarzenegger) August 2, 2018
Other reactions were no more charitable, if slightly more civil. Some cast doubt on the scientific and economic bases of the proposal. โI donโt believe the administration has any solid engineering or economic ground to stand on,โ said John DeCicco, an engineer and autos expert at University of Michigan Energy Institute.ย โIt is basically politicalย opportunism.โ
Others have criticized the administration’s argumentย that the proposed rollbacks will make cars safer. โThe federal government’s own data shows that when managed properly for vehicle footprints, lightweighting and fuel economy rules don’t undermine highway safety,โ saidย Robbie Diamond, president of Securing America’s Future Energy, in a statement. โSaving lives while saving fuel can be accomplishedย simultaneously.โ
Others pointed to the potential illegality of the actions. UCLA environmental law professor Ann Carlsonย wrote Thursday, โThe arguments about cost and safety are makeweights designed to provide cover for a proposal that is likely to be struck down inย court.โ
โThere is no precedent for revoking Californiaโs waiver,โ said Dan Becker, director of the Safe Climate Campaign of the Center for Auto Safety. โThere is no provision in the Clean Air Act for revoking a waiverย โฆ The world is looking to California to hold itsย ground.โ
This legal uncertainty is ultimately bad for the auto industry, argued Irene Gutierrez of the Natural Resources Defense Council. โIf their goal is to create a landscape where industry has regulatory certainty, they are not going to achieve thatย goal.โ
A Long Road of Legal Challengesย Ahead
Ultimately, the โSafer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucksโ proposal represents Andrew Wheeler‘s first prominent regulatory rollback attempt since assuming the position of acting EPA chief after Scott Pruitt’s resignation inย July.
However, to be clear, the action taken by the Trump administration on Thursday was a proposal, not a final rule, a point that White House press secretary Sarah Huckabee Sanders emphasized Thursday afternoon. โThe reporting that we’re reversing Obama-era fuel efficiency standards and pre-empting the tougher California standards is simply false,โ she said. โWhat the EPA released yesterday was a notice of proposed rulemaking, not a final rule. The notice lays out a series of options for how to go forward with [corporate average fuel economy] standards, and the notice asks for comments on the range of options. We’re simply opening it up for a comment period, and we’ll make a final decision at the end ofย that.โ
After the proposal was released,ย California Attorney General Xavier Becerra immediately announced plans to lead at least 18*ย other state attorneys general in a lawsuit against the Trumpย administration.
โThe Trump Administration has launched a brazen attack, no matter how it is cloaked, on our nation’s clean car standards,โ Becerra said in a statement. โThe California Department of Justice will use every legal tool at its disposal to defend today’s national standards and reaffirm the facts and science behindย them.โ
Massachusetts Attorney General Maura Healey, who will join Becerra’s lawsuit, called the proposal โabsolutely one of the most harmful and dumbest actions that the EPA has taken. It’s going to cost drivers here and across the country hundreds of millions of dollars more at the pump.โ She added, โThe EPA has handed decision making over to the fossil fuel lobbyists โฆ the flat-Earthers, the climate changeย deniers.โ
Updated 8/2/18 to reflect the latest number of states planning to join California’sย lawsuit.
Main image: President Donald Trump sits in the driverโs seat of a semi-truck as he welcomes truckers and CEOs to the White House March 23, 2017.ย Credit: Official White House photo by Benjamin Applebaum, publicย domain
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