04/24/2008 GAAS:204:08 FOR IMMEDIATE RELEASE
Gov. Schwarzenegger Leads 11 Governors in Sending Letters to President and Congressional Leaders on U.S. Department of Transportation’s Proposed Fuel Economy Regulations
Governor Arnold Schwarzenegger today
joined with 11 other governors in sending a letter to President Bush expressing
disappointment that the administration has chosen not to support the states'
efforts to control greenhouse gas emissions. The National Highway Traffic Safety
Administration's proposed rulemaking on Corporate Average Fuel Economy (CAFE)
standards is an attempt to preempt states that are working to control greenhouse
gas emissions. In addition to the letter to the President, these states also
sent a letter to Congressional leaders urging them to protest this provision and
insist on a CAFE regulation that is consistent with Congress'
intent.
Below is full text of the letters to
President Bush and Congressional leaders:
April 23,
2008
The President
The White
House
Washington, DC
20500
Dear Mr.
President,
We are disappointed that your
administration has chosen not to support our efforts to make real progress in
controlling greenhouse gas emissions. On Tuesday, the National Highway Traffic
Safety Administration (NHTSA) used a proposed rulemaking on Corporate Average
Fuel Economy (CAFE) standards in an attempt to preempt our states and others
across the nation that are working to control greenhouse gas emissions. States
must take this action because the federal government has not adequately
responded to this urgent threat.
NHTSA has no authority to preempt states
from regulating greenhouse gases. Congress and two federal district courts have
rejected NHTSA's claim to such authority. Furthermore, this attack completely
undermines the cooperative federalism principles embodied in the Clean Air Act,
and is an end run around 40 years of precedent under that
law.
Our states intend to comment on the
proposed rulemaking and, if necessary, will sue NHTSA, just as California and other
states have sued the U.S. Environmental Protection Agency, to ensure that states
retain the right to reduce global climate change emissions. We hope that you
will reconsider this rulemaking on CAFE in light of the crucial efforts
undertaken by states to address greenhouse gas emissions. We look forward to
your response.
Sincerely,
Governor Arnold
Schwarzenegger Governor Janet
Napolitano
California
Arizona
Governor M. Jodi
Rell Governor Martin
O'Malley
Connecticut
Maryland
Governor Deval
Patrick Governor Jon S.
Corzine
Massachusetts
New
Jersey
Governor Bill
Richardson Governor David
Paterson
New York
New Mexico
Governor Theodore R.
Kulongoski Governor Edward G.
Rendell
Oregon
Pennsylvania
Governor James H.
Douglas Governor Christine O.
Gregoire
Vermont
Washington
cc: The Honorable Mary E.
Peters
April 23,
2008
The Honorable Harry Reid
The Honorable Nancy
Pelosi
Majority
Leader Speaker of the
House
United
States Senate
U.
S. House of
Representatives
Washington, DC
20510
Washington, DC 20515
The Honorable Mitch
McConnell The Honorable John A.
Boehner
Minority
Leader Minority
Leader
United
States Senate
U.
S. House of
Representatives
Washington, DC
20510
Washington, DC 20515
Dear Senator Reid, Senator McConnell,
Madam Speaker, and Mr. Boehner,
We are writing to bring to your attention
a cynical attempt by the U.S. Department of Transportation (DOT) to unilaterally
rewrite the Clean Air Act and claim authority over greenhouse gas emissions.
On Tuesday, the National Highway Traffic
Safety Administration (NHTSA) used a proposed rulemaking implementing the Energy
Independence and Security Act's Corporate Average Fuel Economy (CAFE) provisions
to attempt to preempt California and states across the nation that are taking
steps to control greenhouse gas emissions. NHTSA's proposed action is a direct
assault on the authority of the United States Congress and the
states.
In passing the Energy Independence and
Security Act (EISA), Congress expressly provided that increasing fuel economy
standards would not limit the authority of existing laws and regulations. Yet
DOT has taken the charge given it by Congress - to issue new fuel-economy rules
- and used it to propose a radical redefinition of federal law that would
sabotage critical provisions of the Clean Air Act. NHTSA argues that, because
fuel economy is "related to" greenhouse gases, DOT has the authority to deny
state greenhouse gas regulations.
NHTSA's proposal flies in the face of
court rulings on existing law. The U.S. Supreme Court found in Massachusetts v. EPA that
the authority on which the states rely in regulating greenhouse gases from
automobiles is "a statutory obligation wholly independent of DOT's mandate to
promote energy efficiency." Two federal district courts have also specifically
ruled that state vehicle regulations are not preempted by Congress's
improvements to CAFE.
In issuing this interpretation, NHTSA is
also doing an end run around Congress in claiming authority over greenhouse gas
regulation from automobiles. In the Clean Air Act, Congress granted the
Environmental Protection Agency - not NHTSA - authority over air pollution,
including greenhouse gases. While Congress is in the midst of careful
deliberations on its approach to greenhouse gas regulation in the future, it
should not permit the executive branch to dictate an outcome to that
discussion.
This action by the administration would
directly usurp congressional authority and patently subvert the clear intent of
Congress in important legislation related to energy use. We urge you to protest
this provision of the NHTSA rulemaking and insist on a CAFE regulation in
keeping with the intent and prerogative of
Congress.
Sincerely,
Governor Arnold
Schwarzenegger Governor Janet
Napolitano
California
Arizona
Governor M. Jodi
Rell Governor Martin
O'Malley
Connecticut
Maryland
Governor Deval
Patrick Governor Jon S.
Corzine
Massachusetts
New
Jersey
Governor Bill
Richardson Governor David
Paterson
New Mexico New York
Governor Theodore R.
Kulongoski Governor Edward G.
Rendell
Oregon
Pennsylvania
Governor James H.
Douglas Governor Christine O.
Gregoire
Vermont
Washington
cc: Members of the California
Congressional Delegation
Members of the Arizona Congressional
Delegation
Members of the Connecticut Congressional
Delegation
Members of the Maryland Congressional
Delegation
Members of the Massachusetts
Congressional Delegation
Members of the New Jersey Congressional
Delegation
Members of the New Mexico Congressional
Delegation
Members of the New York Congressional
Delegation
Members of the Oregon Congressional
Delegation
Members of the Pennsylvania
Congressional Delegation
Members of the Vermont Congressional
Delegation
Members of the Washington Congressional
Delegation