Category Archives: EPA & Tailpipe Emissions

Day Two of Landmark Clean Air Cases: Courtroom Arguments Wrap Up

The U.S. Court of Appeals in Washington D.C. heard its second and final day of oral arguments, today, in a landmark group of cases about EPA’s critical climate protections.

Today’s arguments focused on EPA’s actions to require cost-effective greenhouse gas emission reductions from the largest sources, like power plants — while shielding smaller sources.

I was at the courthouse again today. Here’s a look at some of the highlights:

The judges began by examining EPA’s decision to initially focus climate protections on the largest sources of pollution. The judges closely questioned the Solicitor General of the State of Texas about how this focus on large sources harmed the state.

In a pointed exchange, Chief Judge Sentelle noted that the remedy Texas seeks — invalidation of the large-source thresholds — would seem to cause Texas injury where, under EPA’s current program, none exists. 

The Chief Judge underscored the seeming irrationality of this position, noting that Texas’s argument:

[D]oesn’t even make good non-sense.

The questioning then turned to EPA’s long-standing rules describing the workings of the permitting system for the largest sources of pollution. Those rules are more than 30 years old.

In this series of exchanges, Judge Tatel focused on provisions of the Clean Air Act that capture “any air pollutant” within this program. He questioned the Petitioners about how this language, and the Supreme Court’s decision in Massachusetts v. EPA, could possibly allow the agency to exclude greenhouse gas pollutants.

Like yesterday, the judges closely examined EPA’s legal authority. Today, they pointedly questioned both Petitioners and EPA. 

It was another fascinating day in the courtroom with important implications for protecting human health and the environment from the clear and present danger climate pollution poses.   

Now, we’ll all have to wait for the court’s decisions –probably sometime in the summer. We’ll bring you updates as soon as anything happens.

In the meantime, you can read more about the EPA's endangerment findings and the attacks on EPA's climate change protections on our website, or from my earlier blogs posts – a preview of the case, or a look at yesterday’s proceedings.

Also posted in Automobiles & Fuels, Clean Air Act, Climate Change Legislation, Greenhouse Gas Emissions, News, Policy | Comments closed

Broad Support for Cleaner Cars — Except from Some in Congress

At a Congressional hearing last week, some members of Congress sought to undermine historic fuel economy and greenhouse gas standards that will save Americans money at the gas pump, help break our addiction to foreign oil, strengthen our economy, and reduce harmful pollution.   

 The shrill attacks on those historic standards were in sharp contrast to the broad support for cleaner cars, including support from the U.S. auto industry.

Automobile manufacturers have intervened to support the standards in the Federal Court of Appeals in Washington, D.C.  In recent filings in federal court, the Alliance of Automobile Manufacturers and the Association of Global Automakers have characterized these standards as:

valid, mandated by law, and non-controversial

(That's from a D.C. Circuit Court filing from September 30, 2011 — Brief for Intervenors Alliance of Automobile Manufacturers and Association of Global Automakers, Coalition for Responsible Regulation v. EPA, Docket Number 10-1092

The State of Texas and its allies, along with an industry group representing coal mining interests, have sought to topple the landmark clean car standards.  The automakers — those directly regulated by the new standards –have forcefully countered that, if legal challenges are successful in overturning EPA’s clean car standards, it "would result in tremendous hardship to their companies" and that the associated costs would be “substantial."

(Those two quotes above are both from court documents: the first is from the same brief I already cited, and the second is from a November 1, 2010 filing with the same D.C. Circuit Court: Intervenor Alliance for Automobile Manufacturers' and Association of International Automobile Manufacturers' Opposition to Motions for Stay, Coalition for Responsible Regulation v. EPA, Docket Number 10-1092).

The Environmental Protection Agency’s (EPA) standards govern greenhouse gas emissions, and not just fuel economy. That means EPA’s measures will create business opportunities throughout the vehicle supply chain.

Honeywell, a leading global manufacturer of air condition systems, filed an amicus brief in support of EPA’s standards, noting that :

technologies for reducing the United States’ carbon footprint have the potential to create the kind of ‘green jobs’ that are a priority for America in the 21st century

(That's another quote from a D.C. Circuit court filing, this time from September 8,2011: Amicus Brief of Honeywell International, Inc., Coalition for Responsible Regulation v. EPA, Docket Number 10-1092). 

Honeywell recognized the possibility that innovative technologies spurred by these emission standards have the potential to spread throughout the global economy, creating business opportunities for companies at the forefront of this technological innovation.  The automobile industry developed the catalytic converter in response to clean air measures, and, through commonsense regulations like these vehicle fuel economy and greenhouse gas standards, the United States can remain at the forefront of technological innovation in the global automotive market.   

These benefits are echoed by members of the small business community — eventual purchasers of the new, more fuel efficient vehicles. 

In a press release, Small Business Majority founder and CEO John Arensmeyer emphasized the importance of strong emissions standards, stating that:

 [s]mall businesses understand that to survive in this tough economy they need to innovate, and that strong fuel efficiency standards will assist them in doing so by helping them save money in their own business and creating new market opportunities

In fact, in a recent survey, small business owners overwhelmingly supported stronger fuel-efficiency standards for cars and light trucks, with 87 percent stating that it was critical for the U.S. to take action now to increase fuel efficiency.

 The benefits to covered business are, of course, just a portion of the environmental and economic benefits associated with EPA’s clean vehicle rule:

  • More fuel efficient vehicles will save consumers money.  American families will save more than $3,000 on fuel costs over the lifetime of a model year 2016 vehicle, and, for families financing a vehicle, the savings will be immediate. 
  • The standards are projected to cut gasoline consumption by 75 billion gallons
  • The standards are also projected to cut harmful global warming pollution by over 20 percent, avoiding 960 million metric tons of CO2-equivalent

As a result of these myriad benefits, EPA’s vehicle standards have strong support from a diverse coalition, including auto manufacturers, states, environmental organizations, and veterans organizations.  Members of the veterans’ organization Operation Free testified at public hearings across the country about the vital importance of EPA’s clean vehicle rules in breaking our addiction to foreign oil. 

Despite these significant benefits and the strong, broad-based support for vehicle greenhouse gas emission standards, some in Congress are attempting to topple these common-sense rules on the theory that doing so would ease burdensome regulation.  Ironically, overturning these regulations would have precisely the opposite effect – constraining business innovation, burdening cash-strapped consumers, and harming the environment. That’s a result that would benefit no one.

 

Also posted in Automobiles & Fuels, Clean Air Act, Economics, Energy Technologies, Greenhouse Gas Emissions, Policy, Vehicles and Tailpipe Emissions | Comments closed

Countdown to Better Consumer Labeling for New Cars

(Just posted on our sister blog Way2Go by Kathryn Phillips)

Car Lot

Photo by Alex92287

The 60-day countdown for submitting your vote online about the best car label design has officially begun. Today the federal register published the official notice inviting comment on the government’s proposed changes to the information labels posted on new cars. The agency has also scheduled two public hearings to collect opinions about the labels—in Chicago on October 14 and in Los Angeles on October 21.

As we reported about three weeks ago, the U.S. Environmental Protection Agency, working with the National Highway Traffic Safety Administration, has offered up two new designs to replace the old fuel economy label. The new designs reflect the most significant change in the 30 years since automakers began attaching the information labels to new cars.

Both of the proposed designs still have fuel economy information. But they both also have something new: details about how much greenhouse gas emissions and other air pollution will be generated by the auto or light truck on which the sticker is affixed. For the first time ever, consumers living all over the country will be able to easily, while on the car lot shopping, compare the environmental impact of vehicles. It makes shopping greener simpler.

The two label options are not entirely equal, though. One option provides a bit more information about fuel costs and savings, and it includes a letter grade.

The grade has been drawing a lot of attention and there have been some confusing explanations in the press about how it works. So here are two important things to know about the letter grade:

  1. The grade reflects a vehicle’s standing on a scale set according to a combination of fuel economy and how much greenhouse gas emissions a vehicle spews. So basically, a car or light truck that gets a B grade produces fewer GHGs and gets better fuel economy than a car or light truck that gets a D grade.
  2. Every car and light truck has a fair shot at a good grade. When EPA compared its grading scale against the 2010 fleet (see page 36 of the proposed rule document), a lot of SUVs received B grades, and a lot received C grades. A lot of small cars received B grades and a lot received C grades. The difference was that the B vehicles, not matter the vehicle size, were engineered to get better fuel economy and produce fewer greenhouse gas emissions than the C vehicles. The grade system helps highlight that the engineering exists to make vehicles less polluting—it’s just up to the automakers to do it.

EPA conducted a lot of market research, including focus groups with consumers. The consumers emphasized that they wanted a label that was simple and quick to understand. Hence, the letter grade on one of the proposed options. 

The auto industry and some pundits don’t like the letter grade. They say it's intrusive and unnecessary. I say that providing product information in a format that everyone can understand at a glance—and without needing bifocals—is a public service.

So go online now and  let EPA know which version you think makes most sense. And while you’re at it, let us know what you think about the labels, too.

Also posted in Automobiles & Fuels, Greenhouse Gas Emissions, Policy, Vehicles and Tailpipe Emissions | Comments closed

White House Fax Flippant on Grim Impacts of Global Warming

Vickie Patton's profileTomorrow, the U.S. Senate Environment and Public Works Committee will hold an important hearing on the regulation of greenhouse gas emissions under the Clean Air Act. On April 2, 2007, the U.S. Supreme Court affirmed the power of the U.S. Environmental Protection Agency (EPA) to address global warming under existing law. Unfortunately, EPA's progress has been stymied by stiff winds blowing from the White House.

Environmental Defense Fund has uncovered a document that provides a disturbing look at the White House's views on global warming science, views that were revealed as part of White House efforts to interfere with progress at EPA. On June 20, the White House Office of Management and Budget transmitted a fax to EPA with numerous comments on a critically important EPA technical document examining how global warming endangers human health and the environment.

The summary below highlights a few remarkable examples from the White House fax [PDF].

Read More »

Posted in EPA & Tailpipe Emissions | Comments closed

EPA Reports on Danger of Greenhouse Gases

John BalbusThis post is by John Balbus, M.D., M.P.H., Chief Health Scientist at Environmental Defense Fund.

Despite EPA's refusal to formally acknowledge the danger of greenhouse gases in its Advanced Notice of Proposed Rulemaking (ANPR), two recently released EPA reports detail the health dangers of greenhouse gases.

The first, a support document for the ANPR [PDF], summarizes the extensive body of science showing that global warming pollution presents a serious threat to human health and the environment. The document is labeled "draft" and stamped "do not circulate or cite", but is listed on the EPA Web site as one of the supporting documents for the released ANPR. From the Executive Summary:

Read More »

Also posted in Health | Comments closed

Stephen Colbert Clip: Priceless

Sheryl CanterThis post is by Sheryl Canter, an online writer and editorial manager at Environmental Defense Fund.

Check out Stephen Colbert on the EPA's decision to delay regulation of greenhouse gas emissions. It's hilarious.

[kml_flashembed movie="http://www.comedycentral.com/sitewide/video_player/view/default/swf.jhtml" width="332" height="316" fvars="videoId = 176175" fversion="8" loop="false" play="false" menu="true" quality="best" wmode="transparent" /]

Posted in EPA & Tailpipe Emissions | Comments closed

EPA Chief Stops Action on Global Warming – For Now

Tom OlsonThis post is by Tom Olson, a consulting attorney for the Climate and Air Campaign at Environmental Defense Fund.

Last Friday, the U.S. Environmental Protection Agency (EPA) finally released its Advance Notice of Proposed Rulemaking – EPA's answer to a 2007 Supreme Court ruling that greenhouse gases fall within the Clean Air Act's definition of "pollutant".

There are a number of differences between the final document and the leaked May 30th draft. (See this post from a Georgetown Law professor praising the draft's balance and expertise.) Most significantly, EPA chief Stephen Johnson prefaced the document with a series of denunciations by White House officials. And then, adopting the views of the White House, he disparaged the work of his own staff.

The final version also included some disturbing changes to the analysis itself.

Read More »

Posted in EPA & Tailpipe Emissions | Comments closed

Court Denies Petition to Compel EPA Compliance with Supreme Court

Vickie PattonThis post is by Vickie Patton, deputy general counsel at Environmental Defense Fund, and former attorney in EPA's General Counsel's office.

Yesterday, the D.C. Circuit denied the petition for writ of mandamus filed by a coalition of states and environmental organizations to enforce the Supreme Court's landmark decision on global warming in Massachusetts v. EPA. The coalition asked the court to instruct EPA to carry out its duty, under the Supreme Court's decision, to determine within 60 days whether global warming pollution endangers human health and welfare.

Read More »

Posted in EPA & Tailpipe Emissions | Comments closed

Legal Action to Compel EPA Compliance with Supreme Court

Vickie PattonThis post is by Vickie Patton, Deputy General Counsel at Environmental Defense Fund, and a former attorney in EPA's General Counsel's office.

One year ago, the Supreme Court rejected the Environmental Protection Agency (EPA) claim that it lacked legal authority to regulate global warming pollution (for example, from vehicle tailpipes). EPA administrator Stephen Johnson promised a firm and prompt response to the high Court's decision, but a year passed with no action.

Then on March 27, Johnson recanted his commitment.

So today, a broad coalition of 18 states, 3 cities, and 11 non-profit organizations (see full list*) took legal action to compel EPA to comply. The parties are led by the Commonwealth of Massachusetts, and include Environmental Defense Fund.

Read More »

Posted in EPA & Tailpipe Emissions | Comments closed

Emissions Standards not a "Patchwork"

Sheryl CanterThis post is by Sheryl Canter, an Online Writer and Editorial Manager at Environmental Defense.

Just before Christmas – after two years of stalling – the U.S. Environmental Protection Agency (EPA) denied California's request to set its own, tougher vehicle-emissions standards. In denying the request, EPA Administrator Johnson said:

The Bush Administration is moving forward with a clear national solution – not a confusing patchwork of state rules – to reduce America's climate footprint from vehicles."

What's wrong with this statement? Well, among other things, the word "patchwork". Under the Clean Air Act, there are only two possible standards for motor vehicles:

  1. Federal standards
  2. California standards, which are tougher than federal standards and other states may adopt.

A choice between two options is hardly a "confusing patchwork". So where did this idea come from?

Read More »

Posted in EPA & Tailpipe Emissions | Comments closed