Earlier today, the EPA denied California's request for a waiver of preemption under the Clean Air Act for California's regulation of greenhouse gas emissions from new motor vehicles. Based upon the EPA release, the passage of a federal energy bill that will impose more stringent automobile fuel economy standards is one of the justifications for rejecting the waiver. There is no question that California will challenge this decision in federal court (see here). Whether or not California succeeds will largely depend upon how well the Bush Administration defends its decision. As I've argued before (see also here), I think that there are reasonable legal arguments supporting a denial of a waiver. Nonetheless, I am surprised by the Bush Administration's decision.

I hope to have more to say about this decision once I have read the formal decision. In the meantime, here is news coverage from the Los Angeles Times and New York Times. Here, also, is Governor Schwarzenegger's response.