Report: Obama to Order EPA to Reconsider Denial of California Preemption Exemption

President Obama will order the Environmental Protection Agency to reconsider the Bush administration's decision to deny California permission to impose tough new limits on the emissions of greenhouse gases by motor vehicles, according to a report posted this evening on the New York Times website.

The door will be open for at least 13 additional states to begin applying new emission limits similar to California's if the Golden State's application for an exemption from the preemption of tougher state-level air quality rules by the federal Clean Air Act is granted upon that reconsideration.

The California state legislature enacted a law in 2002 that requires emissions of greenhouse gases from tailpipes to be reduced by 30 percent by 2016.

Auto manufacturers sued to block implementation of the law in 2007. The lawsuit was dismissed by a federal district court later that year.

But the Bush administration's EPA announced in December 2007 that the federal government would not grant California the exemption.

EPA's refusal of the exemption, which according to some reports was issued by administrator Stephen L. Johnson under White House pressure despite recommendations from his staff that it be accepted, provoked a lawsuit by the state of California.

Obama had promised in his campaign to re-visit the Bush administration's decision to prevent California from imposing stricter air quality standards than those put in place by EPA.

California Gov. Arnold Schwartzenegger formally requested that the Obama adminstration reconsider the denial of its exemption application Jan. 21.

The NYT report also said that Obama will order the Department of Transportation to issue interim regulations requiring the auto industry to increase fuel efficiency standards.

Those rules, which are required under the Energy Independence and Security Act of 2007 (EISA), Pub. L. 110-140, 121 Stat. 1492, were drafted but not finalized by the Bush administration.

EISA requires auto makers to raise average fuel economy in all of their models, including light trucks, to 35 mpg by 2020.