The Trump administration is expected to formally announce today that it is rescinding California’s authority to set greenhouse gas emission standards for automobiles. The long-anticipated move is certain to set off a legal battle, as attorneys general in states impacted by the decision have promised to take legal action against the Environmental Protection Agency (EPA) to defend their right to regulate emissions from personalย vehicles.
Currently, 14 states and the District of Columbia, serving aย population of more than 118 million, have adopted these more stringent tailpipe pollution standards in order to protect the public health of theirย communities.ย
The action will also be celebrated by the oil industry and free-market advocacy groups that have been pressuring the White House and the federal agencies to take this unprecedented action.ย In the history of the Clean Air Act, California’s waiver has only been denied once, by the George W. Bush administration, in a decision that was immediately challenged in court and was soon reversed by President Obama’s EPA. A previously granted waiver has never been revoked orย rescinded.ย
The EPA‘s action isn’t just legally questionable, and is being criticized for a number of other reasons, all of which are being exhaustively reported. Forย instance:
- California’s authorityย to set its own clean car standards has a long history of Republican support, and a bipartisan group ofย 24 governorsย have called on the administration to keep current standards inย place.
- More thanย two-thirds of Americans supportย the current standards, according to an American Lung Associationย poll.ย ย
- The Trump administrationโs own analysis determined that the proposed rollback would cost 60,000 jobs, and another independentย analysis by the Blue Green Allianceย warned those losses could be more than three times asย high.ย
- The automakers have urged the Trump administration to preserve the current standards or to work out a compromise with California to enact aggressive emissions reduction standards under one nationalย program.ย
- The rollback will cost new car buyers up to $5,000 over the lifetime of their vehicles, and owners of SUVs and small trucks will pay up to $8,000 more, according to a recentย analysisย by M.J. Bradley & Associates.
Though this move has been expected for months, not long ago, California’s waiver was considered sacrosanct, and Clean Air Act legal experts doubted that the EPA would have any authority to revoke an existing waiver. Even Mary Nichols,ย chair of the Californiaย Air Resources Board, told Desmog in April 2018,ย โI don’t think they’re going toย doย that.โ
Despite the dubious legal footing, stripping California of its right to regulate is what the Koch network has been demanding all along. As early as March 2017, then-EPA administrator Scott Pruittย wasย exploring how to withdraw this waiverย from California, and he was presumably prepped to address the issue by the head of the EPA transition team,ย Myron Ebellย of the Koch-fundedย Competitive Enterprise Institute,ย and other Koch network reps who were a part of the Trump administration’s transition teams.ย
In March 2018, representatives from 11ย groups, eightย of which have known financial and personnel ties to the Koch network,ย sent a letter toย Pruitt asking that he revoke California’s waiver.ย The groups included theย Competitive Enterprise Institute (CEI), theย 60 Plus Association,ย Frontiers of Freedom, and theย Taxpayers Protection Alliance (TPA), part of theย network of front groupsย funded by the Koch brothers and their donor network through theย Center to Protect Patient Rightsย (now calledย American Encore), andย Freedom Partners.
Later, in May 2018,ย ย 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 theย EPAย to withdraw Californiaโs legislated right to set its ownย tailpipeย emissionsย standards.
As DeSmog reported at the time, that letter was signed byย Tom Pyleย of theย Institute for Energy Research (IER), Myron Ebellย of theย Competitive Enterprise Institute, and Shirley Ybarra, a former fellow at theย Reason Foundation. All three organizations have close Koch ties, and Pyle was himself a lobbyist forย Koch Industries, the petrochemical empire privately owned by billionaire brothers Charles andย Davidย Koch.ย โDecisions about what kinds of cars people buy and drive should be made by the consumers themselves, not bureaucrats in Sacramento,โ said Pyle at theย time.ย
In June, House Democrats opened an investigation into why the oil industry was the โonly winnerโ in the proposed rule change,ย and asked a number of oil and gas companies, trade groups, and free-market advocacy organizations โ Marathon Petroleum, theย American Fuelย &ย Petrochemical Manufacturers (AFPM), theย American Legislative Exchange Council (ALEC),ย Energy4US, andย Americans for Prosperityย โ for information about aย โtroubling, secret lobbying and social media campaign that reportedly occurred leading up to itsย release.โ
The covert campaign was firstย exposed in a December 2018ย New York Times investigation, which described how Marathon Petroleum and theย AFPM โ in which Koch Industries is a particularly influential member โ worked with other advocacy groups to circulate letters to Congress, while AFPM deployed an unregistered, unincorporated front group calledย Energy4USย toย bundle comments from Facebook users to send to the DOT to support a rollback of theย standards.ย
When the EPA formally makes the announcement this afternoon,ย representatives of โfree-market groups that have championed the Trump administrationโs rollbackโ are expected to be in attendance. If these groups are the same that have lobbied throughout for this revocationย of California’s waiver, then they are funded by the Koch network and Big Oil allies, those very industries who stand to benefit most from theย decision.ย
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Main image:ย Cal license plate.ย Credit:ย Ryan Greenberg,ย CCย BY–NCย 2.0
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