New Mexico Joins Air Quality Drive, Faces Suit
By John O'Dell November 30, 2007 New Mexico has become the 13th state to adopt California's Clean Cars program that, among other things, regulates automotive greenhouse gas emissions.The measure was approved this week by the state's top air quality regulator, the New Mexico Environmental Improvement Board, and by the Albuquerque-Bernalillo County Air Quality Control Board, which oversees the state's major population center.
But even before the two boards voted, their actions were challenged in a state court lawsuit, filed by four Democratic state legislators, a group of car dealers and a farm owner. The suit challenged the right of the air board to adopt the stringent emissions control rules without a corresponding change in state law, acxcording to an Albuquerque Tibune report.
The challenge came despite New Mexico Governor and Democratic presidential candidate Bill Richardson's explicit support of the measure – he directed his appointees to the state air board to vote for it.
The Clean Car program was launched in California three years ago under federal rules that give the state the right to set emissions standards that are tougher than federal standards. It imposes tough limits on tailpipe emissions of smog-forming pollutants; establishes zero-emission vehicles (ZEV) goals that push development of alternative automotive fuels and power plants; and sets limits on greenhouse gas emissions that would require new cars to emit 34% fewer global warming gases by 2016.
Federal law doesn't permit other states to set their own emissions rules but allows them to adopt the California program if they wish to have regulations that exceed federal standards.
Other states that have adopted the program are Connecticut, Maine, Maryland, Massachusetts, New York, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont and Washington.
Six others – Arizona, Colorado, Florida, Tennessee, Utah and Wisconsin -- are in the process of enacting the standards.
Despite the groundswell of support, when -- or if -- any of the states can implement the greenhouse gas regulations in the program is up in the air.
A federal suit filed in California by the auto industry and set for trial next year challenges the right of any state to adopt greenhouse gas emissions standards, maintaining that only the federal government has that power.
And under the federal Clean Air Act, California needs a waiver from the Environmental Protection Agency in order to proceed with any emissions rule that exceeds federal standards.
In the past, the EPA has always granted such requests, but the agency has held off for two years on the state's bid for a greenhouse gas emissions waiver, prompting California to sue for action -- yet another piece of litigation that's awaiting trial).
John O'Dell, senior editor
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