Governors lead way for clean air

• Published January 08, 2008

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Congress has refused to set really tough emission standards to hold the automobile industry accountable and improve this nation's air quality. That's why the state of Washington is right to sue the federal government in order to put our emission standards into law.

Leaders in Washington and other states have grown tired of waiting for congressional action and have adopted higher industry standards. If Congress won't lead, the states will.

California was the frontrunner in this regard. The legislative goal in California was to reduce greenhouse gas emissions to 1990 levels by 2020 — a huge target given the amount of automobile traffic in California. The California standards also call for auto manufacturers to reduce average greenhouse gas emissions 30 percent by 2016.

Washington was quick to follow California's lead. The Legislature adopted the California standards, acknowledging that auto emissions are the primary source of air pollution in Washington state.

In the absence of congressional action, 16 states jumped on the bandwagon and adopted the California standards. Most gave the auto industry several years to meet the tougher emission standards.

The federal government didn't like what was happening. The Environmental Protection Agency denied California's request for a waiver to implement its greenhouse gas emissions standards. EPA officials said that states should follow a national policy and not set separate standards. The ruling effectively blocked the new state standards from becoming law and was a clear victory for automakers.

In an interview with The Olympian's editorial board at year's end, Gov. Chris Gregoire said it was time for the federal government to "let us lead and not stand in our way." She called the EPA ruling an "ill-conceived" decision by the Bush administration and called on Attorney General Rob McKenna to join California and other states in challenging the EPA denial. Last week, McKenna announced that Washington has filed papers to join the lawsuit in the 9th Circuit Court of Appeals.

"The state of Washington followed California's lead in adopting standards for vehicle emissions with the understanding California's request for a federal pre-emption waiver would be granted in a timely manner," McKenna said. "Now after nearly two years of waiting, EPA has denied the waiver, leaving states frustrated in their ability to address climate change concerns for their residents."

As McKenna noted, the federal Clean Air Act prevents states from adopting their own standards with the exception of California because of its efforts to address long-standing air pollution problems. The Clean Air Act allows other states to adopt California's standards as long as those standards are identical to California's.

While Gregoire is predicting victory for the states, California Gov. Arnold Schwarzenegger, a Republican, has been equally sharp in his criticism of the administration.

"It is disappointing that the federal government is standing in our way and ignoring the will of tens of millions of people across the nation," Schwarzenegger said. "We will continue to fight this battle."

Govs. Schwarzenegger and Gregoire are right. If the federal government is not going to get serious about climate change, then federal officials need to get out the way and let the states adopt their own standards.