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California sues federal government over emissions law

Mechanic Tha Phou does an emissions check on a car in San Francisco, California, on Wednesday. California sued the federal Environmental Protection Agency for blocking its new state emissions law. Fifteen other states joined in the lawsuit with California. PHOTO: AFP

California has sued the federal government for blocking its bid to set the country's first greenhouse gas limits on cars, trucks and sports utility vehicles.

Last month, the federal Environmental Protection Agency (EPA) -- saying it has its own a national plan to raise fuel economy standards -- denied California and 16 other states a waiver to regulate emissions themselves.

California, saying it faces particular threats from climate change, asked the federal agency to review its decision.

On Wednesday, state officials provided new data in an attempt to show their program is superior to the federal plan.

"I think we are coming back strong not only with our legal case, but our technical justification," California Air Resources Board Chairwoman Mary Nichols told reporters in a conference call.

EPA Administrator Stephen Johnson said federal energy legislation would raise fuel economy standards to an average of 14.9km per liter by 2020.

California officials say their more aggressive law would require the auto industry to cut emissions by one-third in new vehicles by 2016, boosting efficiency to about 15.6km per liter.

EPA spokesman Jonathan Shradar said in an e-mail statement on Wednesday that federal estimates showed California's law would achieve reductions to only 14.4km per liter.

But an analysis released by California state air regulators said their 2004 tailpipe regulation would be faster and tougher than the federal fuel economy rules.

By 2016, California's standard would reduce the amount of carbon dioxide that vehicles produce by 45.4 million tonnes a year in California and the 12 other states that have already adopted the rules.

That's nearly double the 23.4 million metric tonnes the report forecast would be cut under the federal fuel-efficiency standards, according to the analysis, which was based on EPA air pollution modeling.

By 2020, the California law would achieve a 18.7km per liter standard if the state extended its law as regulators have suggested, the report said.

Nichols said California's report shows the EPA's rationale for denying the waiver was wrong.

She and environmental groups also challenged Johnson's claim that California does not face extraordinary conditions from climate change.

California Attorney General Jerry Brown filed the lawsuit on Wednesday in San Francisco's 9th US Circuit Court of Appeals.

Twelve other states -- Connecticut, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington -- have adopted California's emissions standards and others have said they plan to do so.

The 12 states, along with Arizona, Delaware and Illinois, said on Wednesday they plan to intervene in support of California.
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