New Mexico to Join California Lawsuit Against U.S. EPA for Failing to Act on Tailpipe Emissions Request

Press Release

New Mexico to Join California Lawsuit Against U.S. EPA for Failing to Act on Tailpipe Emissions Request

Governor Richardson today announced that New Mexico will join the
lawsuit filed by California against the U.S. Environmental Protection Agency (EPA) for
failing to act on California's tailpipe emissions waiver request. New Mexico is one of
fourteen states joining California's lawsuit today.

"New Mexico is ready to implement the cleanest standards for vehicle emissions, but the
Environmental Protection Agency needs to stop foot-dragging and grant a waiver," said
Governor Bill Richardson. "For 18 months the EPA has refused to give California and
other states permission to enforce tough Clean Car standards to reduce vehicle emissions.
The delay is shameful."

New Mexico has set aggressive goals to reduce greenhouse gas emissions and the
California Clean Cars program is the most cost-effective means of keeping 10.5 million
metric tons of carbon out of our air and reducing emissions from new vehicles by 30
percent by 2016.

New Mexico Environment Department Secretary Ron Curry testified before the House
Oversight Reform Committee on the hill today about the EPA's failure to address global
warming:

"Climate change threatens New Mexico's snow pack and our water, which is the
lifeblood of our state and the basis for our economy. Governor Richardson has taken an
aggressive position to combat global warming, because our state has no water, nor any
time to waste. It's unconscionable to bar the states from taking action to reduce
greenhouse gas emissions."

Fourteen states are expected to join California in the lawsuit, including: Massachusetts,
New York, Arizona, Connecticut, Illinois, Maine, Maryland, New Jersey, New Mexico,
Oregon, Rhode Island, Vermont, Washington and Pennsylvania. Under the Federal Clean
Air Act, California has the ability to set its own tougher-than-federal vehicle emission
standards as long as it obtains a waiver from U.S. EPA. Other states may adopt the
California standards or continue to follow any federal standards.

California's request has been supported by recent judicial decisions. In September, a court
decision in Vermont confirmed that states do have the ability to adopt California's motor
vehicle greenhouse gas emissions standards. In the Vermont case, the judge dismissed the
argument by automobile manufacturers that they could not comply with the California-
based regulation because the technology was out of reach and that it would cost too
much. The Vermont decision came on the heels of a U.S. Supreme Court ruling last April
saying the U.S. EPA has the authority to regulate greenhouse gases.
Other states that have adopted, or are in the process of adopting, California's Clean Cars
emissions standards are: Arizona, Colorado, Connecticut, Florida, Maine, Maryland,
Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Utah,
Vermont and Washington. These states make up about 45 percent of all U.S. auto sales.
If all the other states with similar plans follow through, that figure would grow to nearly
22 million vehicles and would cut gasoline consumption by an estimated 11 billion
gallons a year.

On May 22nd as part of EPA's public hearing process, Governor Richardson offered
public comment urging the US EPA to accept California's waiver request and allow
states to adopt the stronger clean tailpipe standards.

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