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Thursday, December 20, 2007

In the Pocket of the Auto Industry

By Juliet Eilperin
Washington Post Staff Writer
Environmental Protection Agency Administrator Stephen L. Johnson yesterday denied California's petition to limit greenhouse gas emissions from cars and trucks, overruling the unanimous recommendation of the agency's legal and technical staffs.
"By refusing to grant California's waiver request for its new motor vehicle standards to control greenhouse gas emissions, the administration has ignored the clear and very limited statutory criteria upon which this decision was to be based," said S. William Becker, executive director of the National Association of Clean Air Agencies, which represents officials in 48 states. "Instead, it has issued a verdict that is legally and technically unjustified and indefensible."
EPA's lawyers and policy staff had reached the same conclusion, said several agency officials familiar with the process. In a PowerPoint presentation prepared for the administrator, aides wrote that if Johnson denied the waiver and California sued, "EPA likely to lose suit."
If he allowed California to proceed and automakers sued, the staff wrote, "EPA is almost certain to win."
"Nobody told the administration they support [a denial], and it has the most significant legal challenges associated with it," said one source, in an interview several hours before Johnson's announcement, who spoke on the condition of anonymity because the official is not authorized to speak for the agency. "The most appropriate action is to approve the waiver."

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