Opinion: Trump's bad faith auto emissions mandate is another example of presidential power run amok (via latimesopinion)
President Trump says he’s canceling California’s ability to enact tough vehicle emissions standards for several reasons, but none of them fit what Congress had in mind when it granted the state the ability to keep adopting clean-air rules in 1967.
Before you shout “DACA!” at your screen, allow me to note that Trump’s predecessors also stretched the boundaries of federal statutes in pursuit of their agendas. But President Obama’s Deferred Action for Childhood Arrivals is a good example of the sort of liberties he and other presidents have taken. DACA relied on the discretion granted by Congress to set enforcement priorities to carve out a class of people who would be exempt from deportation.
. Section 202 is the one calling on the federal government to set standards for emissions from new vehicles that cause or contribute to air pollution that “endangers the health or welfare of any persons.”, guaranteeing California the right to adopt tougher tailpipe standards to address its air quality problems as long as they’re in line with the overall purpose of the law.
State officials suggested that the administration may try to use the Energy Policy and Conservation Act, which preempts state laws setting fuel economy standards, to block California’s vehicle emissions standards. But those are two different animals — fuel economy standards were introduced to reduce U.S. dependence on imported oil, while the tailpipe emission limits are designed to combat smog and other forms of air pollution.
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