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Retreat on Clean Air

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http://www.nytimes.com/2002/10/14/opinion/14MON3.html

October 14, 2002

Retreat on Clean Air

The Bush administration has taken another step backward in the fight against

air pollution. Last week, it joined the automobile industry in a lawsuit

charging that a California program encouraging manufacturers to sell

cleaner, more fuel-efficient " hybrid " vehicles - cars powered by a

combination of gasoline and electricity - usurped federal authority.

The suit is a direct challenge to California's longstanding authority to set

emission standards tougher than the federal government's. More broadly, it

is further evidence of President Bush's unwillingness to offend his

political allies by pushing the industry to develop cleaner cars and thus

lessen urban smog and the dangers of global warming.

At immediate issue is California's right to set its own emission standards.

The Clean Air Act gave California this power partly because its pollution

problems were uniquely severe. Over the years, the state has used it to

drive industry to develop cleaner cars and cleaner fuels, thus benefiting

not only California but the whole country.

As part of this effort, California decreed several years ago that 10 percent

of the vehicles sold in the state between the 2003 and 2008 model years must

be " zero emission " vehicles, meaning electric cars. But since there is no

viable commercial market for electric cars, California said that Detroit

could meet part of its quota with hybrids. The auto industry, which opposes

quotas of any kind, resisted even this overture and went to court claiming

that the California plan pre-empted the federal government's authority to

set fuel-economy standards.

It's a dubious argument. Hybrids do get more miles to the gallon than

conventional cars, and for that reason create fewer of the gases that cause

smog and climate change. California's interest, however, lies not in setting

nationwide fuel standards, but simply in getting a cleaner car for

California. It is to be hoped that the United States Court of Appeals in San

Francisco, which will decide the case, appreciates this distinction. At a

time when both industry and the federal government seem content with the

status quo, California should be allowed to pursue its useful role as an

advocate for technological change and cleaner air.

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