Clear Cars in Reverse

The U.S. EPA has dealt a setback to the state-led movement to require automakers to manufacture clean cars. An EPA decision yesterday denies a waiver requested by California under the Clean Air Act to implement state clean car legislation. Twelve other states now have similar laws on the books, and the Illinois General Assembly is considering passing similar legislation.

California has requested waivers tied to auto emissions more than 50 times in the last few decades, including the first laws requiring unleaded gasoline and catalytic converters. This is the first time that the EPA has denied the requested waiver. For two years, California and the other states have waited for the EPA--and had even sued the federal agency to force them to make a decision. For their part, the states and environmental groups now say they will take this case to court.

This is a big deal and a big story--it's currently the top article on the New York Times homepage. The EPA is claiming that the new gas mileage requirements just passed by Congress will handle air quality and greenhouse gas issues better than a "patchwork" of state laws. Funny, that wasn't an issue the other 50 times California wanted a clean air waiver. And whatever happened to "state's rights" anyway?

But if you include a few more states that have pledged to adopt similar laws, more than half of the cars sold in the U.S. would be covered by clean car laws if the EPA would reverse its decision. And that doesn't even include Illinois and some other states that are considering clean car laws. If Illinois does pass its clean car bill, it will add even more pressure to the federal government to stop blocking clean car laws. Once a clear and overwhelming majority of the country is in favor of clean cars, how can they continue to deny us?