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| 2.5.09 - California Emissions Waiver | | Synopsis: President Obama has stated that one of his administration’s top two priorities will be the environment. One of his first executive orders was a directive to the EPA last week, asking them to reconsider California’s request to set a tougher standard for automobile emissions sold in that state than that required by federal law. This week’s Bill of Rights In the News eLesson focuses on Obama’s executive order and the implications for the constitutional principle of federalism. | |
QUESTIONS
- What is the Clean Air Act, and why did the state of California ask for a waiver in 2007? Did California receive the waiver?
The Clean Air Act is the federal law that defines the Environmental Protection Agency’s responsibilities for protecting the nation’s air quality. It sets requirements for, among many other things, automobile fuel efficiency standards and emissions. In 2007, California asked for a waiver because it wanted to set tougher standards on cars than the federal law required. The waiver was denied.
- What action did President Obama take with respect to California’s request for a waiver?
Obama directed the EPA to reconsider the denial of the waiver. He also “directed his administration to move forward on tougher fuel-efficiency guidelines for the auto industry in time to cover 2011 model-year cars.”
- Article I, Section 8 of the US Constitution gives Congress the power to regulate interstate commerce. The Commerce Clause was one of the constitutional bases cited by Congress for the Clean Air Act. What are some ways that auto fuel and emissions standards may be related to the doing of business across state lines?
Accept reasoned answers. Cars can be purchased across state lines; cars may purchased in one state and driven into another; Automobile parts may be sold across state lines; air pollution caused by cars in one state can affect neighboring states.
- Some have called for all states to be permitted to set their own fuel and emission standards. What might be some of the outcomes if this permission were granted?
Accept reasoned answers. Students may suggest:
- Carmakers will be forced to improve fuel efficiency and emissions, or be unable to sell cars in the states with standards their cars do not currently meet.
- Some carmakers may go out of business.
- New automobile technologies may be developed in response to the higher standards.
- Confusion may result when individuals move from state to state.
- The 17 other states which have expressed a desire to set tougher standards may also ask for waivers, which may result in a “patchwork” of different standards across the US.
- Congress may decide to set higher standards for the whole nation.
- Should California be able to set higher standards for automobile fuel efficiency and emissions than required by federal law? Should all states be able to do so?
Accept reasoned answers.
| | Last Edited On 2/5/2009 11:03:00 AM | | | |
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