The PAO Advocates For Clean Air and Reduced Greenhouse Gas Emissions

The Civil Division of the King County Prosecuting Attorney's Office (PAO) provides legal advice and representation to all branches and departments of King County government.  Recently, the Land Use Section of the Civil Division has been litigating and advising County agencies on an important, developing climate change issue.

On behalf of King County, the Land Use Section filed an amicus brief in the D.C. Circuit Court of Appeals in California v. EPA, a case of national significance.  In the amicus brief, the Land Use Section supported California's argument that it should be permitted to enact auto emissions standards that are more stringent than the minimum national standards and that doing so is consistent with the Clean Air Act.

This case is important to King County and the State of Washington because the Clean Air Act allows other states to voluntarily adopt California’s more stringent standards.  Thirteen states, including Washington, had announced their intention to do so.  However, the federal Environmental Protection Agency (EPA) denied California’s request, thereby preventing that state and all others from imposing more stringent emissions standards.

This decision has significant implications in King County because over 50% of this region’s greenhouse gas emissions are from automobiles.  The effect of the EPA’s decision denying adoption of more stringent emissions standards is that local governments now have fewer tools available to craft the best greenhouse gas reduction strategies for their areas.

However, there is some good news on this front.  The Obama Administration recently announced that California's proposed, more stringent standards will now become the new nationwide emissions standards.  This decision by the Obama Administration has been described as a win for state and local governments, environmentalists, and the auto industry.  State and local governments, along with environmental groups, are pleased with the more stringent standards, and the auto industry achieved what it had long advocated for -- a single nationwide standard.  The new standards will begin to take effect in 2012.

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