The U.S. Environmental Protection Agency announced this evening that it has rejected California’s application for a waiver under Section 209(b) of the Clean Air Act.

On a media teleconference, EPA Administrator Stephen L. Johnson indicated that California “does not meet the compelling and extraordinary conditions needed to grant a waiver of pre-emption for motor vehicle emissions standards.”  Administrator Johnson cited the national standard of 35 miles per gallon by 2020 signed into law today as part of the Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007 as a major reason for denying the waiver application.  In addition, Johnson indicated that the problem of global warming is not exclusive to California, and that it is better to have a “clear national solution to a clear global problem.”

For further information about this topic, please contact Akin Gump.