California sues Feds

Ace Pace · Post by **Ace Pace** » 2007-12-21 04:08pm

Can someone explain to me how that works?

California try to force the U.S. government to terminate greenhouse gases with a big suit

California Gov. Arnold Schwarzenegger (R) had harsh words for the federal government and President Bush on Thursday over their failure to take global warming seriously enough. Gov. Schwarzenegger announced that the state of California is pursuing major legal action against the federal government.

The issue heated up when the Environmental Protection Agency (EPA) rejected a proposal by California, Wednesday. The Californian proposal requested to be allowed a waiver so it could cut its own emissions at a faster rate than the new Federal guidelines, signed into law on Wednesday. California would need such a waiver to override the national plan and pursue its own more aggressive cuts. EPA chief Stephen Johnson announced the decision Wednesday, which drew a firestorm of criticism from California's government.

President Bush on Thursday defended the move, arguing, "Is it more effective to let each state make a decision as to how to proceed in curbing greenhouse gases? Or is it more effective to have a national strategy?"

Gov. Arnold Schwarzenegger escalated the war of words with the Bush administration, on Thursday holding a press conference, and saying of the decision, "It's another example of the administration's failure to treat global warming with the seriousness that it actually demands. Anything less than aggressive action on the greatest environmental threat of all time is inexcusable."

The National plan signed into law calls for fuel efficiency to be raised 40 percent by 2020, up to 35 miles per gallon average. California's plan calls for 30 percent emissions cuts by 2016 and an average fuel efficiency increase to a whopping 43.7 miles per gallon for passenger cars and some SUVs and trucks, and 26.9 MPG for large vehicles.

California's plan was gaining popularity nationwide, with 16 states adopting it or pledging to.

Gov. Schwarzenegger expressed his frustration at lack of discipline in its environmental policies. He vowed to whip the government into shape with legal action.

The lawsuit was launched Thursday with a 16-page complaint from the Californian Attorney General Jerry Brown's office. Brown's representative announced that Arizona, Connecticut, Illinois, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington planned to join California in the suit against the feds. Colorado, Florida and Utah wish to adopt California's plan but have not yet pledged to support the suit.

President Bush and the governor of this nation's highest populous state have long held an icy relationship due to the President's environmental policies and refusal to fund embryonic stem cell research. An aide described this divide, saying "Even during the re-election campaign for the president, he would come to California and the governor wouldn't always be there to greet him."

California holds special status under the Clean Air Act, as the only state that can specially request the EPA to allow it to enact its own regulations. However, the EPA does not have to approve these requests, as it demonstrated Wednesday. As the suit heats up in coming months it should be an interesting bipartisan battle over the issue as it is drudged through the federal legal system.

Superman · Post by **Superman** » 2007-12-21 04:20pm

I was wondering how the Governator would react to what the Feds did. I didn't like him at first, but now I think he's a great governor.

The Duchess of Zeon · Post by **The Duchess of Zeon** » 2007-12-21 04:29pm

Under the United States constitution and Common Law, each government is a separate and distinct entity, so it is possible for one government body in the United States to sue another. Furthermore the Separation of Powers means that the court systems are not subject to any oversight by the legislative branch or the administrative branch (executive) which is what is being sued here. Therefore, under law, the Department of Energy or somesuch is more or less a person, as is the state of California, allowing California to sue the DoE and let the courts decide the issue. This is actually an incredibly useful feature of our system, and different governments sue each other quite often.

CmdrWilkens · Post by **CmdrWilkens** » 2007-12-21 06:06pm

What makes me happiest in this is that maryland actually pledged to join such a lawsuit, or alternatively sue on its own if California did not, the same day and within about 4 hours of the EPA announcement. Score one for actual positive action coming from my state.

Natorgator · Post by **Natorgator** » 2007-12-21 06:54pm

Nice to see some actual leadership on this issue for a change. The new federal mileage requirements are pathetic.

The Duchess of Zeon · Post by **The Duchess of Zeon** » 2007-12-21 07:17pm

55mpg by 2018 would be a sort-of start. For cars and trucks. Only Richardson has proposed that, though.

The Kernel · Post by **The Kernel** » 2007-12-21 08:14pm

It still amuses me that people thought that Arnold was a GOP cocksucker when he first got elected. I think the article speaks for itself: he's denouncing the current administration in ways a lot of democrats are incapable of doing.

It's about damn time we had someone with balls addressing environmental policy in a serious way and I wholeheartedly support this effort by my governor.

Havok · Post by **Havok** » 2007-12-21 08:17pm

The Kernel wrote:It still amuses me that people thought that Arnold was a GOP cocksucker when he first got elected. I think the article speaks for itself: he's denouncing the current administration in ways a lot of democrats are incapable of doing.

It's about damn time we had someone with balls addressing environmental policy in a serious way and I wholeheartedly support this effort by my governor.

I think the fact that he is not able to go farther politically helps. He doesn't have to worry about stepping on toes for a possible presidential run. Well, not yet.

The Kernel · Post by **The Kernel** » 2007-12-21 08:20pm

havokeff wrote:
The Kernel wrote:It still amuses me that people thought that Arnold was a GOP cocksucker when he first got elected. I think the article speaks for itself: he's denouncing the current administration in ways a lot of democrats are incapable of doing.

It's about damn time we had someone with balls addressing environmental policy in a serious way and I wholeheartedly support this effort by my governor.
I think the fact that he is not able to go farther politically helps. He doesn't have to worry about stepping on toes for a possible presidential run. Well, not yet.

True, but I'd almost think that he is pretty content where he is. In a lot of ways being governor of a state like California is more rewarding and you can get more hands on stuff done than a President can.

Havok · Post by **Havok** » 2007-12-21 08:29pm

The Kernel wrote:
havokeff wrote:
The Kernel wrote:It still amuses me that people thought that Arnold was a GOP cocksucker when he first got elected. I think the article speaks for itself: he's denouncing the current administration in ways a lot of democrats are incapable of doing.

It's about damn time we had someone with balls addressing environmental policy in a serious way and I wholeheartedly support this effort by my governor.
I think the fact that he is not able to go farther politically helps. He doesn't have to worry about stepping on toes for a possible presidential run. Well, not yet.
True, but I'd almost think that he is pretty content where he is. In a lot of ways being governor of a state like California is more rewarding and you can get more hands on stuff done than a President can.

I can definitely see that, but I can also see Maria and the rest of the family gearing him up to take another run at the big house. Who would have though that an Austrian, pot smoking, body building, action movie star would be the Kennedy's last, best shot at glory?

Seriously though... If that law gets changed, and I personally believe it will, he will be on the ballot one day.

MKSheppard · Post by **MKSheppard** » 2007-12-21 09:19pm

Superman wrote:I was wondering how the Governator would react to what the Feds did. I didn't like him at first, but now I think he's a great governor.

You mean how ahhhnuld somehow misstated your State's deficit by $14 billion?

Yes, he's a great governor.

Shroom Man 777 · Post by **Shroom Man 777** » 2007-12-21 10:03pm

Hrm, it looks like he isn't getting along too well with Russ Cargill.

MKSheppard · Post by **MKSheppard** » 2007-12-21 10:05pm

Frankly I want california and MD slapped down so hard that they're crying about it until 2020.

I already have enough bullshit with their stupid "CA emissions gear" all over car manuals, requiring essentially two production lines of cars to be made; not to mention the retarded "this product has been determined by the California blah blah to cause cancer" warnings on everything.

The Kernel · Post by **The Kernel** » 2007-12-22 02:43am

MKSheppard wrote:
Superman wrote:I was wondering how the Governator would react to what the Feds did. I didn't like him at first, but now I think he's a great governor.
You mean how ahhhnuld somehow misstated your State's deficit by $14 billion?

Yes, he's a great governor.

If you knew jack shit about California politics you'd know that Arnold isn't responsible for that in the slightest.

The Kernel · Post by **The Kernel** » 2007-12-22 02:44am

MKSheppard wrote:Frankly I want california and MD slapped down so hard that they're crying about it until 2020.

I already have enough bullshit with their stupid "CA emissions gear" all over car manuals, requiring essentially two production lines of cars to be made; not to mention the retarded "this product has been determined by the California blah blah to cause cancer" warnings on everything.

The car makers can always choose to sell their products elsewhere. No one is forcing them to do business in California.

FTeik · Post by **FTeik** » 2007-12-22 04:46am

Of course one has to wonder, if the Governator would have dared to make such a move two or three years ago when Bush II. still had some popularity.

Post by **Edi** » 2007-12-22 05:50am

FTeik wrote:Of course one has to wonder, if the Governator would have dared to make such a move two or three years ago when Bush II. still had some popularity.

Only an idiot picks a fight that can't be won. The important thing is that he's hammering it in now when he can do so from a position of strength. That way it might actually go through.

FTeik · Post by **FTeik** » 2007-12-22 10:54am

I never said Arnold was an idiot. I wouldn't be surprised, if he is smarter than the entire Bush-administration combined. I just don't think it necessary to go over the top with praise for the man, if he attacks from a more or less safe position.

Molyneux · Post by **Molyneux** » 2007-12-22 11:41am

FTeik wrote:I never said Arnold was an idiot. I wouldn't be surprised, if he is smarter than the entire Bush-administration combined. I just don't think it necessary to go over the top with praise for the man, if he attacks from a more or less safe position.

Well, it's not getting him 'hero' credit, but it is moving him along the scale towards "Magnificent Bastard" a bit. I wouldn't mind seeing more politicians with that archetype.

Illuminatus Primus · Post by **Illuminatus Primus** » 2007-12-22 12:17pm

MKSheppard wrote:Frankly I want california and MD slapped down so hard that they're crying about it until 2020.

I already have enough bullshit with their stupid "CA emissions gear" all over car manuals, requiring essentially two production lines of cars to be made; not to mention the retarded "this product has been determined by the California blah blah to cause cancer" warnings on everything.

Tough shit. I thought you liked the Confederacy and "States' Rights." What do you think a federal form of government entails, dickweed? But like most Republicans ideals last only as long as they are convenient.

Havok · Post by **Havok** » 2007-12-22 12:18pm

FTeik wrote:I never said Arnold was an idiot. I wouldn't be surprised, if he is smarter than the entire Bush-administration combined. I just don't think it necessary to go over the top with praise for the man, if he attacks from a more or less safe position.

I don't think Edi did either. I think he was saying it would have been idiotic to go directly against Bush the way he is doing now, when he was at the ridiculously inflated popularity level he was at way back when.

Post by **Edi** » 2007-12-22 12:37pm

havokeff wrote:
FTeik wrote:I never said Arnold was an idiot. I wouldn't be surprised, if he is smarter than the entire Bush-administration combined. I just don't think it necessary to go over the top with praise for the man, if he attacks from a more or less safe position.
I don't think Edi did either. I think he was saying it would have been idiotic to go directly against Bush the way he is doing now, when he was at the ridiculously inflated popularity level he was at way back when.

Precisely.

MKSheppard · Post by **MKSheppard** » 2007-12-22 01:28pm

Illuminatus Primus wrote:Tough shit. I thought you liked the Confederacy and "States' Rights." What do you think a federal form of government entails, dickweed? But like most Republicans ideals last only as long as they are convenient.

Suck my dick, fucknozzle.

You ever hear of a little thing called the "interstate commerce" clause?

It's why we don't have 1,000 different standards all over the country; among other things.

MKSheppard · Post by **MKSheppard** » 2007-12-22 01:31pm

Anyway, this is just california being it's usual dicky self and trying to impose it's ultra strict standard for everything from car mileage to air pollution, etc onto the rest of the country. They can take a flying leap into a jet engine as far as I'm concerned.

CaptainChewbacca · Post by **CaptainChewbacca** » 2007-12-22 01:35pm

Just give the 'Ammend for Arnold' campaign some time, and he'll be living on Pennsylvania avenue in no time.