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Administration’s New Fuel Economy Rules Quietly Smack Down States’ Emissions Reduction Efforts»

marypeters333.gifToday, The New York Times reports that the administration has proposed raising “car and truck fuel economy standards substantially faster than required” by Congress. But what appears to be a positive development will sharply reduce states’ efforts to regulate greenhouse gases.

Tucked away in the 417-page report, as the San Francisco Chronicle notes, the Department of Transportation (DOT) declares that more stringent limits on emissions from states are an “obstacle to the accomplishment” of federal standards and conflicts with federal law:

(b) As a state regulation related to fuel economy standards, any state regulation regulating tailpipe
carbon dioxide emissions from automobiles is expressly preempted
under 49 U.S.C. 32919.

(c) A state regulation regulating tailpipe carbon dioxide emissions from automobiles, particularly a regulation that is not attribute-based and does not separately regulate passenger cars and light trucks, conflicts with:

1. The fuel economy standards in this Part
2. The judgments made by the agency in establishing those standards, and
3. The achievement of the objectives of the statute (49 U.S.C. Chapter 329)

But Sen. Dianne Feinstein (D-CA) and Speaker Nancy Pelosi (D-CA) won assurances that the energy legislation passed in December “would be neutral on whether California and other states could proceed with their own rules.” Pelosi reiterated yesterday that Congress has already decided to “reject the Administration’s position.”

The assault from the administration comes despite a federal judge in Vermont ruling in September that the state rules do not conflict with federal mileage standards, and a Fresno court in December saying California and the EPA can set limits on vehicle emissions. In the document, DOT said an appeal has been filed by carmakers, adding:

We respectfully disagree with the two district court rulings.

California lawmakers are outraged by the decision. State Attorney General Jerry Brown, for example, called it a “covert assault” on California’s greenhouse gas reduction efforts. Pelosi also condemned it as “completely unjustified.”

UpdateWarming Law notes "the document errantly tries to bolster the administration's stance against California's still-more-aggressive tailpipe emissions law, and ignores language in Massachusetts. v. EPA that rejected [the administration's] purported supremacy over the state.
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29 Responses to “Administration’s New Fuel Economy Rules Quietly Smack Down States’ Emissions Reduction Efforts”


  1. RUCerious Says:

    But Sen. Dianne Feinstein (D-CA) and Speaker Nancy Pelosi (D-CA) won assurances that the energy legislation passed in December “would be neutral on whether California and other states could proceed with their own rules.”

    And they’re surprised that this administration stabbed them in the back.
    Shit, they look like pincushions the amount of daggers and stilletos poking out of their backs.


  2. StratRat Says:

    Over the last 7+ years, one would think the congresscritters would simply stop accepting the words of the administration as anything but BS. Why on earth would they stand and be lied to over and over? Go to the steps of Congress and shout to the world all the lies that have been spoken by the administration. The American people will understand this. They are angry at Congress - almost more than bush - because the Congress stands there and gets pushed around. The American people WANT Congress to stop the administrations over-reach, but it will not. I have no idea why not.


  3. Namtillaku Says:

    Bottom line, our government and the people that run it are evil. I doubt they think of themselves that way, but with every single action on their part they are hurting people while enriching themselves.


  4. pete Says:

    What the fu(k happened to “State’s Rights”? Oh. That’s right. The rights of the States are subservient to the profits of the energy industry.


  5. Wayne Says:

    Bush is trying a bit hard to flaunt the law this publicly in his last year. He’s acting more like a dictator trying to cement power than a “Lame Duck”.
    Congress is sitting with their thumbs parked in their nether regions, mostly looking the other way.

    None of the candidates are really addressing these issues.

    Something stinks…… . . bad.

    “Just because you’re paranoid doesn’t mean they aren’t after you.”


  6. Wayne Says:

    pete Says:

    What the fu(k happened to “State’s Rights”? Oh. That’s right. The rights of the States are subservient to the profits of the energy industry.

    Republican “States Rights” has meant one thing since the 60s.
    Racism. The right to keep non whites separate.
    It has never meant anything else to them.


  7. conniptionfit Says:

    Gee, I sorta thought that the Courts in this country were trump. Doesn’t the last word belong to the Courts of Law, final arbiter of what’s legal under our system of laws? Don’t we have, here, a Sec of Transportation expressly flouting official Judicial opinion? Aren’t there actual sanctions built for defying a judge? I’m pretty sure they would put MY ass in jail for that, why not his? You realize it’s not just presidential power that is greatly expanded and untouchable now, it’s also Executive Branch power. How can Pelosi be so stupid or complacent that she doesn’t realize that they’re taking all the power of the congressional branch right out from under her. I’m halfway convinced that by the time the next president get inaugurated there won’t actually be any government structure left to be president OF.


  8. dixie blood Says:

    Wayne Says:
    ——————————————————————————–

    Bush is trying a bit hard to flaunt the law this publicly in his last year. He’s acting more like a dictator trying to cement power than a “Lame Duck”.
    Congress is sitting with their thumbs parked in their nether regions, mostly looking the other way.

    None of the candidates are really addressing these issues.

    Something stinks…… . . bad.

    “Just because you’re paranoid doesn’t mean they aren’t after you.”

    It’s the RePugniScum, corporate facist takeover of America that you smell. Burning the Constitution!! It’s rancid!!!! And burns over the ashes of our once great Democracy!!


  9. satirev Says:

    Add this to the growing list of “Bush’s International Crimes” and “crimes against humanity”. How low can this misanthrope go?


  10. Freedom Rebel Says:

    Feinstein & Pelosi know better than to be this naive and gullable. They have been in Congress too long not to know how the game is played. If it is not in writing; then you lose. Assurances mean nothing to this administration.

    I see, Bush is working very hard on (not) reducing Greenhouse Gas Emissions. Like anyone believes he takes Al Gore’s plan seriously. He obviously doesn’t care what shape the planet will be in for his children and future grandchild.


  11. Dave Says:

    This insertion into the rules after agreeing the bill would remain neutral, remind me of signing statements…a disregard for the other branches of government by the administration and a disregard for the rights of states, as a favor to the auto-industry.

    A capitulation to profits over reducing globlal warming.


  12. satirev Says:

    Wayne: If Congress (the dems) don’t get off their laurels and at least posture toward ridding this country of this scoundrel via impeachment (even if there’s little time left) it would be a “symbolic gesture” that the integrity of this country is not reflected in this dictator. Anything short of that will jeopardize the white house for republicans in 08.

    The people are getting angry - very angry when they see the dems bending over in Congress and “aiding and abetting” this high level of criminality while twiddling their thumbs and looking the other way. When does this behavior approach “complicity”? I’d say that the edge given to them that 1) they don’t have the votes and 2)there’s little time left is wearing thin. The people don’t give a damn about their rationale for doing “nothing”. They are paid public servants whose responsibility it is to represent the people and uphold the rule of law in this country.

    To date, the dems are batting zero! This will come back to haunt them in November, mark my words. Sorry to say but if they continue to flaunt their idleness in the faces of even hard core democrats, McCain will win the white house. It’s all up to them…..as they say: $hit or get off the pot, Dems. It’s do or die time and your seats will be in jeopardy soon.

    Make your move or move your collective a$$es and make way for others who will take their job in congress seriously!


  13. satirev Says:

    sorry wayne….what I meant that “anything short of impeachment proceedings against this scoundrel will jeopardize the white house for the dems and ensure the white house for McCain in November.


  14. satirev Says:

    I don’t believe that I’ve ever felt so totally “sold out” or “shafted” by the democratic party as I do in this moment of realization that they’ve also lied to us and are failing to live up to their promises of 06 as well as to care about representing the people. With the exception of a handful, they’re all an abysmal failure - repukes and dems alike.

    The people have been had. The people no longer are heard. Once we realize that our election will be again hacked as it was in 04 and stolen in 2000, we will realize that we no longer have a voice at all in our own government.


  15. Marie Says:

    When will congress learn that assurances from the Bush crime family are meaningless?
    This is a blatant attempt to appear as though they are vigorously installing emissions controls - which the obedient media will herald for them - while they squelch individual states in their efforts to be more stringent.

    Bush is accustomed to signing statements — advocating one thing and doing another — this is par for the course for him.
    My calendar says 272 more days. That’s a long time yet.


  16. satirev Says:

    Our democracy has rapidly descended into a “fascist dictatorship” with a complicit Congress, a Contaminated and Biased Supreme Court, and a wholly owned subsidiary of the Imperial Dictator called the Dept. of Justice. Our founding fathers are turning in their graves right now.


  17. satirev Says:

    Marie: This new charade by Bush is abominable. And congress is no better in permitting and their tacit approval of this disgusting international crime and circus act by the White House.


  18. satirev Says:

    Whoa! For a minute, I thought Harriet Miers was back with the new blonde airhead being pawed by the Chimp on the photo.


  19. Nevar Says:

    Georgie sure knows how to pick ‘em…


  20. Crusty Old Bastard Says:

    satirev Says:
    “Whoa! For a minute, I thought Harriet Miers was back with the new blonde airhead being pawed by the Chimp on the photo.”

    Hey Sat, it’s OK, she’s not wearing her blue dress today!


  21. MCMetal Says:

    But Sen. Dianne Feinstein (D-CA) and Speaker Nancy Pelosi (D-CA) won assurances that the energy legislation passed in December “would be neutral on whether California and other states could proceed with their own rules.”

    From whom , exactly ?

    This completely dishonest administration ?

    Chimpy appointed judges and politicos ?

    You’d have a better chance of playing Russian Roulette with 5 bullets and coming out of it alive ……………..


  22. Doc Rock Says:

    Mopnsters wrapped in flags wearing their religions on their sleeves while they steal, ravage, and ignore in their blissful arrogance. The curtain can’t fall on their dumb show, too quickly.


  23. Marie Says:

    Sinclair Lewis said it long ago:
    “When fascism comes to America, it will be wrapped in a flag and carrying a cross” …


  24. marlow Says:

    Listen up states, you’re gonna burn that oil, you’re gonna burn it all, you’re gonna make us rich and you’re f’ing do it with an f’ing smile!


  25. ferrarimanf355 Says:

    I guess I better get a 2010 Chevrolet Camaro before the muscle car is legislated out of existence…


  26. Paul W Says:

    All of Bush’s “environmental policy” decisions include the caveat that what we do must not hinder “economic growth.” I wonder what kind of growth we’ll have when peak oil and global warming hit us in full force.

    http://progressiveworldreview.com


  27. Evil Spaniard Says:

    ferrarimanf355 Says:

    I guess I better get a 2010 Chevrolet Camaro before the muscle car is legislated out of existence…

    April 24th, 2008 at 12:35 am Recommend (0) | Report Abuse

    You mean substituteofaregularsizeddick cars?


  28. ferrarimanf355 Says:

    Evil Spaniard Says:
    ——————————————————————————–

    ferrarimanf355 Says:

    I guess I better get a 2010 Chevrolet Camaro before the muscle car is legislated out of existence…

    April 24th, 2008 at 12:35 am Recommend (0) | Report Abuse

    You mean substituteofaregularsizeddick cars?

    April 24th, 2008 at 1:52 pm Recommend (0) | Report Abuse

    I’m just going to completely ignore that comment. I take it that you want to see all the cars off the road and everybody riding a bike to work. I don’t want that to happen. Uh, you are aware of my handle being ferrarimanf355, right?


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