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Schwarzenegger: California will sue federal government
CNN ^ | December 20, 2007 | Brian Todd and Dugald McConnell

Posted on 12/21/2007 7:33:27 AM PST by NRG1973

(CNN) -- California Gov. Arnold Schwarzenegger plans to sue the federal government over its decision not to allow a California plan to reduce greenhouse gas emissions, he announced Thursday.

Environmental Protection Agency chief Stephen Johnson announced the decision Wednesday, refusing the state's request for a waiver that would have allowed it to cut emissions faster than a new federal plan the president signed into law Wednesday.

"It's another example of the administration's failure to treat global warming with the seriousness that it actually demands," the governor said at a news conference Thursday.

Bush on Thursday defended the decision of his EPA administrator.

"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?" he said.

Citing the new energy law -- which sets a fuel economy standard for the whole country -- Bush said Johnson "made a decision based upon the fact that we passed a piece of legislation that enables us to have a national strategy."

But Schwarzenegger said he would like to set a higher standard for California. "Anything less than aggressive action on the greatest environmental threat of all time is inexcusable," he said.

(Excerpt) Read more at cnn.com ...


TOPICS: Business/Economy; US: California
KEYWORDS: epa; greengovernor; schwarzenegger
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If California does pursue this case in the courts, it will go all the way to the Supreme Court who will likely uphold the EPA's right to control emmissions under the "commerce clause". The commerce clause is the tool that Big Government uses to take away "states rights". Much of the Big Deal was justified because of the commerce clause (things like OSHA and the minimum wage).

http://en.wikipedia.org/wiki/Commerce_Clause

1 posted on 12/21/2007 7:33:28 AM PST by NRG1973
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To: NRG1973
President Bush: "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?"

Regardless of the issue, 50 experiments are better than one.

2 posted on 12/21/2007 7:38:29 AM PST by Zuben Elgenubi
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To: Zuben Elgenubi

Someone told me a few days ago in another thread that states don’t sue the federal government...

wow... I guess he was wrong!


3 posted on 12/21/2007 7:40:04 AM PST by Rick.Donaldson (http://www.transasianaxis.com - Visit for lastest on DPRK/Russia/China/Etc --Fred Thompson for Prez.)
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To: Rick.Donaldson

Should we allow California to destroy their economy when it is a major component of the Nation’s economy? A pure Conservative reading of the Constitution says, “yes.”


4 posted on 12/21/2007 7:42:23 AM PST by Ingtar (The LDS problem that Romney is facing is not his religion, but his recent Liberal Definitive Stands.)
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To: Ingtar

Ask the two Democrat Senators and Democratic Govenor from Michigan the same question.


5 posted on 12/21/2007 7:46:22 AM PST by Zuben Elgenubi
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To: Rick.Donaldson

When Pete Wilson was governor of California, he sued the federal government for funds to recompense the state for benefits and services mandated by the federal government, yet paid for by State funds, as no federal funds were offered.

He lost.


6 posted on 12/21/2007 7:52:34 AM PST by Right Cal Gal (Remember Billy Dale!!!)
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To: Right Cal Gal

Sorry - that should have been “mandated by the federal government FOR THE BENEFIT OF ILLEGAL ALIENS.”


7 posted on 12/21/2007 7:53:36 AM PST by Right Cal Gal (Remember Billy Dale!!!)
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To: Right Cal Gal

Well, I guess it doesn’t matter if they win or lose, and it’s not about the suit... it was the fact that someone was claiming states don’t/can’t/won’t sue the Feds. I know it’s been done before


8 posted on 12/21/2007 7:56:36 AM PST by Rick.Donaldson (http://www.transasianaxis.com - Visit for lastest on DPRK/Russia/China/Etc --Fred Thompson for Prez.)
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To: NRG1973

Poor Arnie, he’s been sucked into the man made GW delusion.


9 posted on 12/21/2007 8:00:32 AM PST by TheDon (The DemocRAT party is the party of TREASON! Overthrow the terrorist's congress!)
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To: NRG1973

Hey Arnold, need a lawyer? I hear John Edwards will be free to take cases real soon. And since you are both Democrats...


10 posted on 12/21/2007 8:04:57 AM PST by fish hawk (The religion of Darwinism = Monkey Intellect)
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To: Zuben Elgenubi

Incredibly sad that this one basic truth is so completely forgotten


11 posted on 12/21/2007 8:12:11 AM PST by Teacher317 (Eta kuram na smekh)
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To: NRG1973

I wish Bush would respond with his executive rule-making capacity:

1. No diesel trucks from out of state are allowed to enter California.

2. No electrical power generated from hydrocarbon sources (coal, oil, natural gas) will be allowed to be wheeled into California.

3. All natural gas, crude oil, oil product pipelines going into California are shut down.

Oughta take about a week and then we’d hear “nichts als ruehig!” out of Der Governator.


12 posted on 12/21/2007 8:20:18 AM PST by NVDave
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To: Ingtar

ACTUALLY, the issue is whether one state may impose its “car-emission standards” on the citizens of other states. Of course, California will lose on this one. As it should.

Please note that there would be no “Constitutional” problem if California, for example, just increased its gasoline tax by, say, $1 per gallon. Such a tax would certainly encourage California’s consumers to buy cars which burn less gasoline and encourage them to drive fewer miles. And that is the supposed “point” of California’s un-constitutional “law”, is it not?

But raising taxes is a “direct” action, that would surely produce a voter backlash. Therefore, California’s cowardly politicians are trying to use an “indirect” action, for which the immense cost to voters is much less obvious.

Certainly the trade-off between “more highway accident victims” and “fewer CO2 poisoning victims” is difficult for most people to calculate. Not everyone knows how to divide by “zero”.

Moreover, a large percentage of the economic costs of permitting California’s politicians to feel “self-righteous” would be passed along to citizens of other states. For example, if cars with higher emission stands are more expensive, then fewer cars will be bought and there will be more unemployment in Michigan.

How much do California’s politicians care about that?

That’s another figure to be divided by “zero”.


13 posted on 12/21/2007 8:27:29 AM PST by pfony1
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To: NRG1973
"Anything less than aggressive action on the greatest environmental threat of all time is inexcusable,"

Maybe he'll be the next "Nobel Peace Prize" winner with statements like THAT!

14 posted on 12/21/2007 8:28:23 AM PST by traditional1 (Thompson/Hunter '08 OR Hunter/Thompson '08)
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To: Ingtar
Should we allow California to destroy their economy when it is a major component of the Nation’s economy? A pure Conservative reading of the Constitution says, “yes.”

Courtesy Comment:

California is already destroying it’s economy.

One need look no further than the 18 billion short fall to see that all the wishful thinking will not put money into the State coffers.

The truth is Arnold is a RINO and dosen’t have a conservative bone in his body.

Baseball is investigating ball players who used steroids.

Well maybe the states governors should investigate over the hill body builders.

Arnold is bad for California because he is using the guise of a conservative and is nothing more than an Austrian socialist.

On a local radio station out of Palm Springs the host was asking callers where they would retire.

9 out of 10 callers said they would be moving out of state due to California's inability to deal appropriately with the rampant liberalism of high taxes, inane laws and illegal immigrants.

Thats bad when state citizens are so despondent that they give up their homes and move elsewhere because of having no confidence in their state government.

Arnold you can buy fancy furs, Botox injections and liposuction for an aging California government but after your all done you still have an old gal thats nothing more than a facade.

15 posted on 12/21/2007 8:31:34 AM PST by OKIEDOC (Kalifornia, a red state wannabe. I don't take Ex Lax I just read the New York Times.)
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To: NRG1973

bump


16 posted on 12/21/2007 8:32:00 AM PST by lowbridge
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To: pfony1

I disagree on the pass on to other states part. The car companies, insurance companies, and oil companies should not be required to do business in California if they have different standards.


17 posted on 12/21/2007 8:35:22 AM PST by Ingtar (The LDS problem that Romney is facing is not his religion, but his recent Liberal Definitive Stands.)
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To: NRG1973

They dropped the appeal of Prop 187 (thanks Gray Davis) but will appeal when the greenies lose in court? Gotta love these politicians.


18 posted on 12/21/2007 9:14:31 AM PST by Defiant (Huckabee puts the goober back in gubernatorial.)
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To: Ingtar

“Monopsony” and “Economies of Scale” have a lot to do with it.

If, for example, I manufacture “lead crystal” for the world market from my factory in Pennsylvania and California imposes a “lead content standard” that (if followed) would degrade my product, I can decide to comply and remain active in California with some loss of my “world customers”. Or I can decide to “abandon” the California market to manufacturers of less shiny, less clear, “lead-free-crystal” and keep my customers in the rest of the world happy.

But, with respect to automobiles, the market in California is just too big to be abandoned (the “monopsony” problem). This is why California’s politicians are certain that they have the ECOMONIC power to force America’s car-makers to comply with their feel-good pipe-dreams.

At the same time, car manufacturers have succeeded in producing automobiles at a very low cost (the high rate of car-ownership in the US proves this) by automating the manufacturing process and by offering a limited number of “options” to potential buyers.

If car manufacturers were forced, by law, to manufacture some engines to meet “California Standards”, others to meet “Iowa Standards”, others to meet “Florida Standards” etc., then the cost-savings resulting from long production runs will be lost, and the prices of automobiles must increase. Of course, we will then hear about “greedy car manufacturers” and “women and minorities hardest hit!”


19 posted on 12/21/2007 9:26:03 AM PST by pfony1
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To: NVDave

Ya’ f’got water.


20 posted on 12/21/2007 9:33:46 AM PST by knarf (I say things that are true ... I have no proof ... but they're true.)
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