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State AGs 
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Arnie and Jerry to sue EPA after GHG curbs linked to public health
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Gov. Arnold Schwarzenegger
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Jerry Brown
SACRAMENTO -- The state of California is prepared to take the federal government to court to enforce its long-delayed greenhouse gas (GHG) curbs.

Republican Governor Arnold Schwarzenegger said yesterday he would sue the federal Environmental Protection Agency (EPA) for a "waiver" letting the state enforce strict GHG laws. The waiver has been on hold since December 2005.

"The clock is ticking...if we don't see quick action from the federal government, we will sue the U.S. EPA," Schwarzenegger told yesterday's Milken Institute Global Conference.

The governor's staff yesterday gave the EPA a required six months notice of an intent to sue under the federal Clean Air Act.

California officials fear more federal foot-dragging after public statements by an EPA official yesterday, the LA Times reported. Acting Office of Air and Radiation chief William Wehrum linked granting the waiver to discovering whether GHGs "endanger" public health.

Earlier this month the U.S. Supreme Court ruled that the EPA could, despite its objections, regulate greenhouse gases as air pollutants. That decisions was expected to hasten California's enforcement of its GHG restrictions, LegalNewsLine reported.

Wehrum said the EPA now needs to decide on linking California's waiver to a determination of whether GHGs are found to endanger public health. If not, according to the U.S. Supreme Court, the EPA isn't required to regulate them.

That assertion drew an angry reaction from California Attorney General Jerry Brown, who said the EPA has "no legal basis" for making such a connection. He said the Golden State should receive its waiver after waiting two years with no response.

"If they're now going to sabotage the clean air process by pretending they don't know that greenhouse gases are harmful...that would not be a decision based on science or the law, but a decision based on raw politics," Brown stated.

The so-called "Big Six" car-makers have already sued California and several other states to prevent GHG restrictions from being made law.

Filed Under: State AGs

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MORE NEWS HEADLINES:
+ Okla. AG defends his decision not to join mortgage settlement - 2/10   read more
+ Payday lender ruled in contempt of Wis. settlement - 2/10   read more
+ Bill limiting Miss. AG's authority dead for breaking rules - 2/10   read more
+ Vermont GOP wants Sorrell to look into possible union bullying - 2/10   read more
+ Madigan recovered more than $1M for workers in 2011 - 2/10   read more
+ Mass. AG recovered $5M from labor violations - 2/10   read more
+ Blog: Mortgage settlement not all that great - 2/9   read more
+ Report: Va. AG sues over health spa memberships - 2/9   read more
+ N.H. AG settles with PetSmart over cadmium allegations - 2/9   read more
+ Conn. utilities board rules for Jepsen's motion - 2/9   read more


IN THE SPOTLIGHT:
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Wednesday, February 08, 2012
PHILADELPHIA (Legal Newsline) - A roundtable of federal and state judges from across the country will convene at the posh Ritz Carlton on Feb. 9 to address topics such as "Can MDL's keep up with state court trial settings;" "Priority of deposition examination;" "State and federal cooperation;" and "Forum non conveniens."
Read more...


+ Study shows plaintiff bias in Philly courts - 2/6
+ Fannie Mae offers examples of routine dishonesty in its fight against lenders - 2/3
+ Quaker City courts have troubled history; some reject 'plaintiff-friendly' criticism - 1/31
+ Madison County asbestos docket feeds off intake firm referrals - 1/19
+ Torts conference set for Feb. 8 in Philly - 1/18
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