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During the debate last fall over the new energy bill one of the amendments that some members of the Congress unsuccessfully tried to get into the final bill was wording that federal CO2 limits would take precedence over state rules. California and other states have been trying to implement CO2 limits that would effectively create fuel economy standards that are tougher than the federal rules.

Just two weeks after the EPA Administrator Stephen Johnson turned down California's request for a waiver allowing the state to regulate greenhouse gases, things are moving to court. California has followed trough on their promise to take the EPA to court by filing suit in the 9th Circuit Court of Appeals in San Francisco. The grounds for the suit is that the EPA failed to adequately explain the reasons for denying the waiver. If California's regulations are allowed to go ahead it would effective

The state of California has been waiting for the Environmental Protection Agency to rule on an application for a waiver for its greenhouse gas emissions rules since late 2005. The EPA has stated that they plan to rule by the end of 2007, but for some reason California doesn't want to wait any longer. The state has said that if the EPA doesn't rule by Oct. 24 they will sue.

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