Carmakers Sue Over Clean Cars Law

California's groundbreaking law cuts global warming pollution and improves air quality

Posted: 13-Jan-2005; Updated: 21-Dec-2007

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California's Clean Cars law, often called simply "Pavley," cuts global warming pollution from cars by 30 percent.

Seventeen states have adopted or announced plans to adopt California's Clean Cars law

• Arizona
• Colorado
• Connecticut
• Florida
• Iowa
• Maine
• Maryland
• Massachusetts
• New Jersey
• New Mexico
• New York
• Oregon
• Pennsylvania
• Rhode Island
• Utah
• Vermont
• Washington

Update (12/19/2007) - EPA denies California's request: In a decision that ignores both science and the law, the EPA has rejected California's request to allow its ground-breaking law to go forward. Our comments | Take action!

Update (12/12/2007) - Big win in California court: A federal judge in California today rebuked the auto industry's attempt to block California's tough new limits on global warming pollution from cars. The judge called the industry effort "the very definition of folly." (Read an overview of the Clean Cars law.)

Not long after California established the nation's toughest clean car standards, the auto industry moved to block them with a lawsuit.

The Clean Cars law -- often referred to simply as "Pavley" for its sponsor, Assemblywoman Fran Pavley (D-Agoura Hills) -- requires California to limit heat-trapping pollution emitted by the biggest source of global warming pollution: cars. In the nation's most populous state this single law would go a long way toward slowing climate change, especially now that 15 other states have decided to follow suit (see sidebar).

The carmakers' lawsuit tried to put the brakes on the momentum building toward cleaner cars. "If GM, DaimlerChrysler, Toyota and Ford are going to survive, they have got to wake up to their responsibilities and produce vehicles that emit less greenhouse gas pollution," said Environmental Defense attorney Jim Marston.

"It's especially disappointing to see Ford and Toyota filing suit, since they have been trying to position themselves as environmentally sensitive manufacturers," Marston added.

The automakers involved in the suit are: Aston Martin, BMW, DaimlerChrysler, Ferrari, Ford, General Motors, Honda, Hyundai, Mazda, Mitsubishi Motors, Nissan, Porsche, Isuzu, Kia, Maserati, Peugeot, Renault, Subaru, Suzuki, Toyota and Volkswagen.

Law would put U.S. on leadership path to curb global warming pollution
California is the world's sixth largest economy, and home to some 24 million motor vehicles. Their tailpipes are responsible for about 40 percent of the state's global warming pollution. The California Clean Cars law requires a 30 percent cut in global warming pollution from vehicles sold in California by the model year 2016. With no U.S. laws in place to cut global warming pollution, the clean cars law could put California -- and thus the U.S. -- in a leadership position on climate change.

The Golden State has clout when it comes to shaping effective clean air legislation. The transportation sector is one of the largest and fastest growing sources of climate-related air pollution. Several northeastern states have adopted economy-wide climate plans to reduce global warming are looking for ways to meet their targets, and California's Clean Car laws are a potentially potent vehicle to reach those goals. 

Environmental Defense helped Connecticut and New Jersey adopt California's clean car standards. Other states are still considering adoption of the Clean Cars law.

California is only state able to independently regulate air pollution
California's unique ability to regulate the health of its air results from its dubious distinction of having the worst air pollution problems in the land. This distinction resulted in the adoption of strict pollution control laws prior to the federal 1970 Clean Air Act.

New vehicles sold in the U.S. must meet either the federal emissions standards set by the U.S. Environmental Protection Agency (EPA) or the California standards, set by the California Air Resources Board (CARB). Currently four Northeastern states -- New York, Massachusetts, Vermont and Maine -- use California's stricter vehicle regulations.

For years, the state's authority to craft emission control standards for vehicles has spurred environmental innovations.  Even as California helped drive the nation's car culture, through its early seeding of drive-in restaurants, movies and even churches, it has been both a pioneer and beacon of strict pollution laws.  Air pollution solutions in the land where smog was "discovered" in 1943 include innovations eventually adopted nationwide:

• cleaner tailpipe emissions,
• the use of three-way catalytic converters and
• the switch to unleaded gasoline.

California's status as a leader in tough environmental standards might just be one reason the auto industry is balking once again at the chance to innovate instead of litigate.

"Because California is the only state that is permitted to implement stricter pollution controls under the Clean Air act, it is in a unique position to influence automakers and pave the way for other states to follow," explains Environmental Defense economist and energy expert Nancy Ryan.

Carmakers' charges have no weight
Carmakers have routinely resisted major change, from seat belts to air bags and pollution controls, arguing that those kinds of changes would limit consumer choice. In fact, these past improvements have been made affordably, even as automakers expanded the variety of choices on the market. (See our cartoon.)

The auto industry's arguments against the law do not bear out. A federal judge in December implied as much in his ruling.

Technologies available today could enable automakers to cut global warming pollution without affecting their bottom line -- or vehicle size, safety or performance. Jobs and revenue will not be lost because engines run more cleanly. In fact, state economists say that California's economy stands to gain from the law.

History shows that if more fuel-efficient SUVs are required, automakers will build them. They could also easily absorb the modest costs that might be involved, rather than give up that market segment to competitors. Polls show Californians widely support California's Clean Cars law. It would give drivers better choices, including cleaner versions of SUVs and pickup trucks.

Contrary to the carmakers' charges, the law would have a positive effect on healthy air. In addition to reducing global warming pollution, cuts in carbon dioxide emissions would mean cleaner air.

California's past success with air pollution controls bears this out. In 2000, the 23.4 million vehicles registered in the state traveled 280 billion vehicle miles (VMT), according to statistics from CARB, the state's entity tasked with regulating air pollution. Despite the increasing numbers of cars on the road, California has consistently cut vehicle emissions of nitrogen oxides and hydrocarbons in the past two decades (1.2 million tons per year in 2000, down from 1.4 million tons in 1990, and 1.6 million tons in 1980). This success with reducing harmful pollutants augurs similar success with cutting greenhouse gases that contribute to unhealthy air.

The time to act on global warming is now
The effects of global warming are already being seen today. Climate change is increasing the potential for more extreme weather events, such as droughts, wildfires, flooding and killer heat waves. For southern California, global warming would likely mean longer, hotter summers leading to more smog and more wildfires, and winters with more storms and heavy downpours like the recent El Nino that caused beach erosion and hillside houses to slide into the sea.

California's clean cars law is yet another example of a major change needed in auto production.  The world has recognized the need to start reversing the trend of global warming.  It's time for the U.S. to get on board, too, and start leading with innovation rather than sticking our heads in the sand with denial.

Originally published 1/13/05