| TRENTON
– Attorney General Zulima V. Farber
today filed a lawsuit challenging the Bush
Administration’s new fuel economy
standards for SUVs and light trucks, alleging
the rules fail to address the effects on
the environment and global warming.
“Washington
is ignoring the lessons the rest of us are
learning from soaring gas prices and from
mounting scientific evidence about the grave
dangers of global warming,” said Attorney
General Zulima V. Farber. “Presented
with an opportunity to set standards that
would save consumers money, conserve fuel
and protect our environment, this federal
administration has again failed the American
people and failed to meet its legal obligations.”
“New
Jersey is doing its part to protect the
environment and the health of its residents
by implementing a low emission vehicle program
which will reduce air pollution from cars
and light duty trucks,” said Department
of Environmental Protection Commissioner
Lisa P. Jackson. “It’s time
that the federal government step up and
address the threat posed by motor vehicle
emissions, which include respiratory disease
and global warming.”
Attorney
General Farber joined with nine other state
Attorneys General, the District of Columbia,
and the City of New York in filing the lawsuit
in the U.S. Ninth Circuit Court of Appeals.
The lawsuit alleges the National Highway
Traffic Safety Administration (NHTSA), in
adopting the fuel economy standards, violated
the National Environmental Policy Act and
the Energy Policy and Conservation Act.
Both federal laws require the government
to determine the impacts of new regulations
on fuel conservation and the environment.
The
lawsuit’s allegations mirror comments
the plaintiffs submitted to NHTSA during
the public review period on the rules. In
a November 2005 letter, the plaintiffs stated
NHTSA “failed to consider alternative
approaches that would have promoted energy
conservation, made meaningful contributions
to increased fuel economy and encouraged
technological innovation.” In addition,
the letter said, NHTSA failed to consider
the environmental consequences of its proposed
overhaul of light truck standards, failed
to consider the changes in the environment
since the 1980s, when NHTSA last assessed
the environmental effects of the standards,
and failed to evaluate the impact of carbon
dioxide emissions “despite identifying
the threat of carbon dioxide and global
climate change as new information concerning
the environment.”
The
letter also stated that the standards, which
shift the miles-per-gallon requirements
from a fleet-wide basis to a new structure
based on weight categories, “create
incentives to build larger, less fuel-efficient
models, which will jeopardize air quality
and the climate.”
The
final standards, issued in March, also contain
an attempt by the Bush Administration to
argue for federal preemption of California’s
landmark law requiring reductions in vehicle
emissions that contribute to global warming.
The published rules included a 52-page discussion,
irrelevant to the standards, asserting only
the federal government can regulate motor
vehicle carbon dioxide emissions.
The New Jersey Department of Environmental
Protection recently adopted a Low Emission
Vehicle Program which is linked to the California
program. New Jersey’s program will
regulate greenhouse gases, including carbon
dioxide, beginning in 2009 and will provide
significant, needed reductions in air pollution
from passenger cars and light duty trucks.
The
weak miles-per-gallon standards adopted
by NHTSA for SUVs and light trucks call
into question President Bush’s request
last week for Congress to authorize him
to raise standards for cars.
Joining
New Jersey in the lawsuit are Attorneys
General from California, Connecticut, Maine,
Massachusetts, New Mexico, New York, Oregon,
Rhode Island and Vermont. Also joining are
the District of Colombia and the City of
New York.
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