California To Sue Over Federal Preemption of State Emissions Standards
The EPA will allow a new federal vehicle emissions law to preempt 16 states' existing or planned stringent emissions requirements despite the administration's ability to waive those requirements, CNN reported.
In response to the government's decision, California's Governor Arnold Schwarzenegger announced plans to sue the federal government to allow "a California plan to reduce greenhouse gas emissions."
The new federal law will increase fuel efficiency standards by 40 percent by 2020, requiring automakers to bring their fleets to an average of 35 miles per gallon.
The California plan, however, would cut emissions by nearly 30 percent by 2016, raising fuel efficiency standards in the state to 43.7 miles per gallon for passenger cars and some SUVs and trucks, while larger vehicles would need to reach 26.9 mpg by that year.
Simon Lazarus and Harper Jean Topic recently wrote an article discussing the changing use of federal preemption. ACS hosted a panel discussion last year that examined "how on many critical issues of the day, including marriage rights for same-sex couples, stem cell research, medical marijuana, state law tort claims, and economic and environmental regulation, many traditional proponents of state prerogatives have shifted stance to advocate federal preemption."