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Clean Car Campaign
Introduction
The biggest single step that the United States can take to curb global warming and save oil is to require automakers to produce cleaner, more efficient vehicles. Each gallon of gasoline we burn emits between 24 and 28 pounds of carbon dioxide -- the most common greenhouse gas -- into the atmosphere. By using existing technology to produce vehicles that go farther on a gallon of gas and emit less carbon dioxide pollution, Americans can save billions of dollars, curb global warming pollution, and slash our dependence on oil.
Policy Solutions
For the past two decades, the Sierra Club's Clean Car Campaign has pressured the United States Congress and automakers to raise the fuel economy of new cars and light trucks as a way to address climate change and decrease our dependence on foreign oil. In December of 2007, Congress passed and President Bush signed into law an energy bill that mandates the first increase in fuel economy standards since Congress passed the first fuel economy law in 1975. Starting in 2011 automakers will be required to put technology to work to raise the average fuel economy of new cars and light trucks from 25 mpg to at least 35 mpg by 2020 - a 40% increase.
While this pivotal piece of legislation will prevent millions of tons of global warming pollution from entering the atmosphere, save consumers billions of dollars at the pump, and conserve 1 million barrels of oil per day in 2020 and 2.4 million barrels of oil per day by 2030, states can go even farther to curb global warming by adopting California's clean car standards that limit tailpipe greenhouse gas emissions.
Background on California Clean Car Standards
(a.k.a. "Pavley standards")
In 2002, the California Assembly passed AB 1493, sponsored by State Representative Fran Pavley. This bill directed the California Air Resources Board (CARB) to establish regulations that reduce tailpipe greenhouse gas emissions. To determine the grams per mile standard, CARB examined available technologies, manufacturing costs, consumer costs, and jobs. CARB concluded that automakers could achieve a 30% reduction of global warming pollution between 2009 and 2016 and that these reductions would "result in operating cost savings that exceed the capital cost, resulting in a net savings to the consumer over the lifecycle of the vehicle."
Under the federal Clean Air Act, California is permitted to set motor vehicle emissions standards that are stronger than federal standards subject to a waiver from the US Environmental Protection Agency (EPA). The Clean Air Act also permits other states to adopt California's standards; an option twelve states have already taken (Connecticut, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington). In total, these states account for more than one-third of the U.S. auto market. Several Canadian provinces and a handful of additional states are also considering adopting these standards either through an administrative process or legislation (AZ, CO, FL, IA, IL, MN, MT, UT), further raising the demand for clean cars.
As expected, the auto industry has protested clean car standards every step of the way, both in the courts and in the states.
Court Rulings on Cars
Advocates for clean cars had a string of victories in the courts in 2007.
In April of 2007, the U.S. Supreme Court voted 5-4 to require EPA to categorize carbon dioxide emissions as a pollutant under the Clean Air Act. The Court mandated that EPA examine the health effects of carbon dioxide, and also ruled, contrary to the auto industry's legal arguments, that the EPA's regulation of vehicle emissions does not conflict with the Department of Transportation's authority to set national Corporate Average Fuel Economy (CAFE) standards for cars and light trucks.
The auto industry also failed to persuade U.S. District Court Judge William Sessions that it could not meet the California clean car standards, which the state of Vermont had adopted. The auto industry brought suit against Vermont claiming that the carbon dioxide standard translates into a fuel economy standard -- of 43.7 mpg for caras and 26.9 mpg for light trucks by 2016 -- and would be so costly as to put them out of business and require a full fleet of hybrid vehicles.
During the 16-day trial the industry presented their cost estimates, technology outlook and experts. In a decision issued in September 2007, Judge Sessions held that the auto industry projected inflated costs for complying with the clean car standards, and that the industry could economically and technologically comply with the tailpipe standards. In December 2007 Judge Ishii in the 9th Circuit court of appeals reaffirmed California's legal authority to require clean cars by dismissing a case parallel to that decided by Judge Sessions.
Another clean car victory in the 9th circuit required the National Highway Traffic Safety Administration to recalculate its recently proposed fuel economy standards for light trucks. The court concluded that NHTSA must consider carbon dioxide emissions in its cost-benefit analysis when calculating fuel economy standards and address the light truck loophole - a landmark judicial ruling.
Despite these victories in the court room, the Bush Administration sided with the auto industry instead of the American public by denying states their right to implement clean car standards.
The Bush Administration's Rejection of California's Clean Car Waiver
On December 19 2007, at the urging of the White House, EPA Administrator Stephen Johnson announced his denial of California's waiver application. Administrator Johnson cited the fuel economy standards signed into law by President Bush the same day he denied the waiver, as a justification. Johnson contended that the new fuel economy standards alone would suffice to achieve the same greenhouse gas savings as the California standards and that he wanted to avoid a confusing "patchwork" of standards.
On Friday, February 29, 2008, Johnson finally released his rationale for denying the waiver in a 48-page Federal Registry Notice. In his explanation for the denial, Mr. Johnson argued that California failed to demonstrate "extraordinary and compelling" circumstances to justify stricter carbon emission rules than those created on the federal level (despite the absence of federal greenhouse gas standards). He reasoned that global warming is a serious problem that threatens the entire United States, and so is not unique to California. Incidentally, this is the first time any senior administrator has explicitly conceded that greenhouse gases endanger public health and welfare.
Mr. Johnson went on to argue that the global nature of climate change justifies prohibiting states from taking action beyond the federal fuel economy standards - even though the California regulations would provide almost twice the carbon reduction benefit. Absent, however, were his December claims that the new federal fuel economy standards would be more effective than California's program, which had been thoroughly refuted.
The California Air Resources Board published its final analysis of potential greenhouse gas savings resulting from Pavley standards on February 25, 2008. This report reveals that the California clean car standards would provide twice the greenhouse gas benefits by 2020 as compared to the federal fuel economy standards - an additional 79 million metric tons of carbon dioxide reductions. If you add in the twelve other states that have adopted California's standards, the number jumps to 204 million metric tons, an 89% improvement over the new federal fuel economy standards.
For EPA to comply with the Supreme Court and two Federal district courts, CAFE standards cannot be grounds for denying California's waiver request. By denying the waiver, EPA has evaded its responsibility to acknowledge and regulate a pollutant -- carbon dioxide -- that threatens public health and the environment. The EPA is illegally shirking its responsibility by deferring to NHTSA.
The Bush Administration's decision to block clean cars for California and other states is merely a delay. There are several ways that this decision can be reversed: litigation, legislation, or the decision of a new President. On January 2, California along with the Sierra Club, sued the EPA over the waiver denial. To date 17 other states have joined the lawsuit (Arizona, California, Connecticut, Delaware, Florida, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington).
Due to Administrator Johnson's weak legal reasoning for denying the waiver, we have an excellent chance of overturning this decision in federal court. First, the U.S. Supreme Court ruled that EPA has the authority and obligation to control motor vehicle greenhouse gas emissions. Second, two federal courts have ruled that California has the legal right to set its own motor vehicle emissions standards for greenhouse gases. Under the Clean Air Act other states have the right to adopt them from California. With its decision to deny California's clean car waiver, EPA has abdicated its role in addressing climate change.
In Congress, there are bills in both the Senate and House to grant California the needed waiver. Senator Barbara Boxer (D-CA) introduced S.2555 and Representatives Peter Welch (D-VT) and Brad Sherman (D-CA), introduced H.R. 5560, bills to grant California the waiver it needs to implement these standards. Finally, in 2009, a newly elected president could reverse the waiver denial issued on December 19 2007.
Why America Still Needs Pavley even with the new CAFE Improvement
Regarding the argument that the recently-passed CAFE law achieves sufficient greenhouse gas reductions, new CAFE standards will not kick in until 2011 and will not reach 35 miles per gallon until 2020. The CA clean car standards would apply to vehicles starting in 2009 and will achieve a nearly 30% reduction in greenhouse gases for vehicles sold in CA by 2016. CARB has already indicated that it will ratchet down its standards between 2016 and 2020, promising even greater pollution reductions. State by state, the California standards promise substantially greater reductions in global warming pollution than the new fuel economy standards. With the mounting evidence of climate change impacts occurring now, it is imperative that we take the technology the automakers have and put it to work sooner rather than later.
With each additional state that adopts the Pavley standards, pressure continues to build on the EPA, as well as the next president, to grant the waiver, and on the auto industry to produce clean cars for every state. The more states that have already adopted the standards, the faster and more effectively they will slash greenhouse gases and clean up our transportation sector when the waiver is granted.
Take Action! Urge your senators and representatives to grant California's request for a clean car waiver!
Personal Solutions
Sierra Club's clean car campaign also promotes actions everyone can take to reduce their carbon footprint. Transportation accounts for a high percentage of most Americans' individual carbon emissions. The good news is that you can take many small steps on a daily basis to do your part in the fight against global warming:
- If you're in the market for a new car, buy a hybrid or the most fuel efficient vehicle that meets your needs. Considering each gallon of gas we burn releases 28 pounds of carbon dioxide into the atmosphere, better fuel economy = a better environment
- Check your tire pressure frequently and keep your tires fully inflated. Full tires can improve your fuel economy up to 10%.
- Use a GPS - studies show that using a navigational device can reduce miles traveled up to 16%.
- If you own a car but do not require it for your daily commute, sell the car and join a car sharing company instead. This cuts down on your insurance, gas, and car payment bills, and significantly cuts down on casual, unnecessary driving.
- Find out your car's optimal speed for fuel economy and set your cruise control.
- Choose an efficient route for your errand-running so as to avoid multiple trips or excessive miles. If you visit a shopping center and plan to make multiple stops, park your car in the center of the parking lot and walk to your individual destinations
- Roughly 44% of car trips taken are less than 2 miles - burn calories instead of gasoline by taking a walk or riding a bike.
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Ask your boss if you can telecommute one or two days per week.
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Carpool with co-workers. This can be fun and a great way to wake you up in the morning! If a daily carpool won't work, try one
or two days per week.
- If you have two cars and are taking a trip, choose the more fuel efficient car.
- Shop online instead of making the trip!
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Keep your car tuned up.
- If you're driving a standard, save gasoline by downshifting instead of braking in neutral.
- Don't drive with the windows down at high-speeds. This creates drag and reduces your fuel economy.
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Support public transportation in your community! Increased use and demand for public transportation can improve the level of service.
More information on how we can get to a clean car future
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