California Sues EPA Overgreenhouse Gas Emissions

California is poised to sue EPA in federal court this week over the state's plans to limit greenhouse gas emissions from new cars and trucks. In December 2005, California asked for EPA's approval to regulate greenhouse gases emitted by vehicles, beginning with model-year 2009. EPA has yet to make a decision, so California is going to court to force the agency to act, claiming EPA has unreasonably delayed the decision. In part, the holdup was due to a thorny legal issue, with the Bush Administration saying the Clean Air Act did not provide the authority to regulate CO₂. But in April, the U.S. Supreme Court ruled that CO₂ is a pollutant covered by that statue. Although EPA's decision on California's request could come before the new case goes to trial, the suit is an insurance policy to keep the agency's deliberations moving forward, says David Doniger, policy director at the Natural Resources Defense Council, an advocacy organization.