Western groups signal auto-emission lawsuit

Representing a coalition of groups, including Oregon Wild, the Western Environmental Law Center issued a notice of intent to sue the EPA over undue delay in granting a waiver for new tailpipe emission regulations in Oregon.

Western environmental groups said Tuesday they intend to sue the Bush administration if states are not given federal waivers to combat auto emissions.

The Western Environmental Law Center, representing climate-change groups in California, Washington and Oregon, told the Environmental Protection Agency the activists will sue the government in 180 days if the administration doesn't allow tough new tailpipe standards to go into effect.

The three states, along with New York and other populous states, want to dramatically reduce greenhouse gas emissions that are caused by cars and light trucks. The new standards, recently upheld by a court in Vermont, would take effect in 2009.

Tom Geiger, of the Washington Environmental Council, said the EPA has vowed to make its decision on the federal waivers this year, but that activists fear foot-dragging and will continue to gird for a lawsuit.

California already has filed a similar official notice of intent to sue and a variety of plaintiffs will unite in the litigation if it comes to that, Geiger said.

A number of Western states have banded together to combat greenhouse emissions in the region, including emissions from power plants and cars.

California's pioneering effort to limit tailpipe emissions has been adopted by Oregon, Washington, Vermont Maine, Rhode Island, Connecticut, Florida, Maryland, Massachusetts, New York, New Jersey and Pennsylvania. The federal government can pre-empt the field, or allow states to adopt more vigorous standards.

California first requested a federal waiver more than 20 months ago. In a letter to EPA Administrator Stephen Johnson on Tuesday, the Western Environmental Law Center complained about the department's delay.

"Near and long-term environmental, economic and public costs are mounting in California, Oregon and Washington," the group said.

The organization is acting on behalf of Friends of the Earth and the Center for Biological Diversity in California; Oregon Environmental Council, Oregon Wild and 3EStrategies, and environmental activist Angus Duncan in Oregon; and Climate Solutions, Environment Washington, Northwest Energy Coalition and the Washington Environmental Council.

Geiger said the 13 states with California standards account for close to 40 percent of the U.S. auto market. The standards would require automakers to reduce emissions by 25 percent from cars and light trucks and 18 percent from sport utility vehicles.

Transportation-related pollution, including cars, planes and ports, make up about a third of all global warming pollution, the group said. In Washington, which relies heavily on hydroelectric power rather than thermal power plants, the transportation pollution accounts for about half of the greenhouse emissions, Geiger said.

"Consumers throughout the U.S. have made it clear that they want cleaner vehicles and now it is up to the federal government to facilitate, rather than stymie, climate solutions," the group said.

The law center's attorney, Dan Galpern, based in Eugene, Ore., said: "The EPA is running out of excuses. ... Today we demand that EPA, at long last, unleash the states so as to enable them to act."

The agency didn't directly respond to the latest challenge, but released a statement Tuesday that said, "EPA is moving forward expeditiously and responsibly with the statutory process for reviewing California's waiver request.

"EPA is currently reviewing the more than 100,000 written comments and thousands of pages of technical and scientific documentation received during the public comment period. Administrator Johnson will make a final determination on California's request by the end of the year."