英语翻译This report reviews the nature of EPA’s,California’s,and
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英语翻译
This report reviews the nature of EPA’s,California’s,and other states’ authority to regulate emissions from mobile sources,the applicability of that authority to GHGs,and issues related to the California waiver request.The conditions for granting or denying a waiver request under CAA are four:whether the state has determined that its standards will be,in the aggregate,at least as protective of public health and welfare as applicable federal standards; whether this determination was arbitrary and capricious; whether the state needs such standards to meet compelling and extraordinary conditions; and whether the standards and accompanying enforcement procedures are consistent with CAA Section 202(a).California appears to have a sound argument that it has met these tests; EPA,however,has decided that climate change is simply beyond the scope of its preemption waiver authority.
This report does not analyze whether California is preempted from regulating mobile-source GHGs by the Corporate Average Fuel Economy (CAFE) requirements of the Energy Policy and Conservation Act of 1975,or the newly enacted provisions of the Energy Independence and Security Act of 2007 (P.L.110-140).Under these laws,authority to set fuel economy standards is reserved to the federal government — specifically,the National Highway Traffic Safety Administration (NHTSA).In several court cases and in other venues,the auto industry is maintaining that the regulation of mobile-source GHG emissions is simply another method of regulating fuel economy,so California’s GHG standards (and identical standards adopted by other states) are preempted.Two federal district courts have rejected this argument,but one decision has been appealed and the other likely will be.
This report reviews the nature of EPA’s,California’s,and other states’ authority to regulate emissions from mobile sources,the applicability of that authority to GHGs,and issues related to the California waiver request.The conditions for granting or denying a waiver request under CAA are four:whether the state has determined that its standards will be,in the aggregate,at least as protective of public health and welfare as applicable federal standards; whether this determination was arbitrary and capricious; whether the state needs such standards to meet compelling and extraordinary conditions; and whether the standards and accompanying enforcement procedures are consistent with CAA Section 202(a).California appears to have a sound argument that it has met these tests; EPA,however,has decided that climate change is simply beyond the scope of its preemption waiver authority.
This report does not analyze whether California is preempted from regulating mobile-source GHGs by the Corporate Average Fuel Economy (CAFE) requirements of the Energy Policy and Conservation Act of 1975,or the newly enacted provisions of the Energy Independence and Security Act of 2007 (P.L.110-140).Under these laws,authority to set fuel economy standards is reserved to the federal government — specifically,the National Highway Traffic Safety Administration (NHTSA).In several court cases and in other venues,the auto industry is maintaining that the regulation of mobile-source GHG emissions is simply another method of regulating fuel economy,so California’s GHG standards (and identical standards adopted by other states) are preempted.Two federal district courts have rejected this argument,but one decision has been appealed and the other likely will be.
这个报告回顾EPA、加利福尼亚的和其他状态’当局的本质调控放射从流动来源,那当局的适用性对GHGs和问题关连 加利福尼亚放弃请求.条件为同意或否认放弃请求下 CAA是四:状态是否确定了它的标准,在聚集体,在 最少一样防护公共卫生和福利象可适用的联邦标准; 这决心是否是任意和反复无常的; 状态是否需要这样标准见面強制和非凡情况; 并且标准和伴随执行规程是否与CAA第202部分(a)是一致的.加利福尼亚看上去有一个酣然的论据它遇见了这些测试; EPA,然而,决定气候变化简单地是超出它的先买放弃当局的范围之外.这个报告不分析加利福尼亚是否从调控的流动来源GHGs被先占有由能源政策和保护行动的公司平均燃料经济(咖啡馆)要求1975年,或者能量自立和安全行动的最近被立法的供应2007年(P.L.110-140).根据这些法律,规定燃料经济标准的当局 被预留到联邦政府-具体地,国道交通安全管理(NHTSA).在几法案和在其他地点,汽车工业主张流动来源GHG放射的章程是简单地调控燃料经济另一个方法,因此加利福尼亚的GHG标准(和被采取的相同标准其他状态)被先占有.二个联邦区域法院拒绝了这个论据,但一份判决被上诉了,并且另一可能将是.
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