Hypocrisy alert – new EPA CAFÉ has massive Cali loophole

If you are aware of global warming issues, you of course know how the Environmental Protection Agency stiffed California’s request for a waiver on Corporate Average Fuel Economy standards to regulate carbon dioxide emissions.

You’re also aware that California, and coattail states, have sued the EPA.

Well, those allegedly strict new CAFÉ increments for 2012 that Transportation Secretary Mary Peters announced yesterday?

There’s a big loophole directly related to California’s suit.

When the Bush administration announced proposed regulations Tuesday to raise fuel economy standards for cars and trucks to 31.6 miles per gallon by 2015, even some environmentalists applauded. But then they read the fine print.

Tucked deep into a 417-page "Notice of Proposed Rulemaking" was language by the Transportation Department stating that more stringent limits on tailpipe emissions embraced by California and 17 other states are "an obstacle to the accomplishment" of the new federal standards and are "expressly and impliedly preempted" by federal law.

California Attorney General Jerry Brown called it a covert assault on California's rules. Environmentalists said the language will be used by automakers in their legal challenges to two recent federal court rulings that sided with the states.

Yes, count me as one who applauded. Well, I’ll not be burned by Mary Peters again.

And, some California senators aren’t going to be fooled again, either:

“It’s the belief of the department that by legislating national fuel economy standards that Congress wants national fuel economy standards,” said Brian Turmail, a Transportation Department spokesman.

But that view rankles California officials, who noted that during the debate last fall, California Sen. Dianne Feinstein and House Speaker Nancy Pelosi, D-San Francisco, won assurances that the bill would be neutral on whether California and other states could proceed with their own rules.

The document also had Transportation noting that an appeal to two federal district court rulings that California had the right to such waivers was being appealed by … hold on to your hats … the auto industry.

California officials said there’s a reason the industry opposes its efforts: While the new federal standards would raise fuel economy to 31.6 miles per gallon by 2015, California's rules would require the U.S. vehicle fleet to get 36 miles per gallon by 2015.

And, that’s not all. Transportation is ready to actively fight California:

The agency said it is considering adding language to its final rule stating that “any state regulation regulating tailpipe carbon dioxide emissions from automobiles is expressly preempted” under federal law.

Roland Hwang, the vehicles policy director for the Natural Resources Defense Council, said the document appeared to be an effort to bolster the legal case of the auto industry.

“We fully expect to see this rule being quoted by the automakers in their court cases in trying to overturn the Fresno and Vermont decisions,” Hwang said. “It’s the same argument we’re hearing from the automakers.”

So much, again, for the formerly Big Three being environmentally minded. As far as I care, all three can go bankrupt. But, take the ever-more weaselly Toyota with you.

How Toyota can make the Prius, and from a purely business POV, know this is a great way to increase auto sales share, and still side with the Big Three on this is just fucking unbelievable. And unacceptable.