Union of Concerned Scientists (UCS) remains an active participant in major California and Supreme Court cases over global warming pollution from autos while the new Congress will present new challenges for fuel economy.

UCS analysts increase attention to creating sound biofuels policies with the EPA and a new coalition, while a new report on construction equipment pollution shows the health impacts of “Digging Up Trouble.”

In September, UCS members and others concerned about global warming packed the federal district courtroom in Fresno for the first oral arguments in one of the country’s most watched climate lawsuits. The suit, filed by all of the major automakers and several California auto dealers, is an attempt to block California’s precedent-setting global warming emissions law for vehicles. Ten other states have adopted the California standard to reduce tailpipe emissions in their respective states.

The main portion of the trial is set to begin in Fresno on January 30. In advance of the trial, UCS activists have written thousands of letters to the 11 Central Valley auto dealers who are plaintiffs in the lawsuit, asking that they drop out. In December, UCS volunteers at the Santa Monica Alternative Car Expo gathered signatures on several hundred “lemon” letters to these dealers. The letters ask the dealerships not to sell global warming lemons on their lots and to follow the lead of two dealerships that recently decided to drop out of the lawsuit.

Despite the lawsuit in California, other states continue to move forward on adoption or consideration of the California standards. There was a last minute push in the Pennsylvania state house to pass legislation to undermine Governor Edward Rendell's adoption of the California program, but the initiative failed to pass the house by adjournment. Thanks to thousands of letters from UCS activists and others, Pennsylvania moves forward with adopting the California standards. Legislative or executive efforts have also commenced in Texas, Maryland, Minnesota, Arizona, and New Mexico, as more states look to tackle auto emissions given the federal government's reluctance to do so thus far.

On that note, the most important federal news was that the Supreme Court heard a landmark case at the end of November debating whether the Environmental Protection Agency (EPA) has the authority to regulate global warming emissions from automobiles as a pollutant under the Clean Air Act. The case was brought by more than a dozen states, several cities, and various public interest organizations including the Union of Concerned Scientists. A very split Supreme Court debated both whether carbon dioxide can be regulated as a pollutant and whether those bringing the lawsuit even had the legal standing to do so. More analysis on the case can be found in our latest HybridCenter Driving Change Network Newsletter. The decision is most likely to come at some point during the spring of next year.

The 2006 elections essentially stymied any significant movement on either fuel economy or oil savings legislation—the real news on this issue was the elections themselves. Despite much electoral rhetoric, fuel economy and oil savings tend to be less partisan issues than others. On the positive side, several new members of Congress have indicated that they will support increasing fuel economy for cars and trucks, including Congressman Joe Sestak from Pennsylvania, a former admiral, and Senator John Tester from Montana, a farmer.

Support has grown in both houses for fuel economy and oil savings proposals; however, the infusion of new members won't guarantee success, or even a vote. Traditionally, the strongest opposition has come from members of Congress with automaker facilities in their districts, regardless of their political party. Representative John Dingell’s (D-MI) return to his old role as chair of the powerful House Committee on Energy and Commerce, certainly does not on its face improve the outlook for quick movement on Corporate Average Fuel Economy standards—especially in his committee.

Democratic leaders in both houses have put forward energy agendas that incorporate some of our policy goals, but the more controversial pieces that divide Democrats, either the more aggressive oil savings targets or increased fuel economy standards, weren't included. Although floor votes are more likely on these issues under a Democratic leadership, both parties will be divided based on regional interests, with senior Democratic Senator Carl Levin from Michigan likely to join his colleague Debbie Stabenow (D-MI) in resisting policies opposed by the automakers.

On the other hand, strong emerging interest in climate policy that incorporates the transportation sector, volatile gas prices, and continued concern about oil dependence as a national security issue should help move vehicles policy forward, despite regional objections. UCS will continue to push for solutions that can provide more vehicle efficiency while providing the auto industry the jump start it needs.

Over a year has passed since the Energy Policy Act of 2005 (EPAct 2005) was enacted into law and included as part of that comprehensive bill was a Renewable Fuel Standard (RFS). The Environmental Protection Agency (EPA) was given responsibility for developing regulations to ensure that gasoline sold in the United States contains a minimum volume of renewable fuel. The EPA program intends to increase the volume of renewable fuel required to be blended into gasoline, starting with four billion gallons in calendar year 2006 and nearly doubling to 7.5 billion gallons by 2012.

UCS analysts reviewed and submitted comments on the EPA’s plans for the RFS. Primarily, we noted that the EPA missed a golden opportunity to build a solid performance-based standard for biofuels that emphasized the full lifecycle of global warming pollution in the development of biofuels from seed to gas tank. Since the long-term success of renewable fuels depends on how the industry develops over the next decade, the EPA has an opportunity to start now and develop a truly effective program. Such a program should promote the principle that both what the fuel is made from and how the fuel is made are important criteria for success. UCS will continue to work with the EPA and lawmakers to ensure that the RFS and other biofuels policies will follow an environmentally sound and economically equitable track.

Several members of UCS Clean Energy and Clean Vehicle programs have been providing feedback for the “25 x ‘25” coalition—an ambitious and diverse amalgam of for profit and nonprofit interests representing automotive, environmental, agricultural, energy production, national security, and other interests aiming to achieve 25 percent renewable energy by the year 2025. In September, UCS policy and technical staff represented UCS at the coalition’s Implementation Planning meeting in Denver. We worked to ensure that policy recommendations aimed at promoting bioenergy solutions would also result in the reduction of oil dependence, emissions of heat-trapping gases and other unhealthy pollutants. We will continue our efforts with 25 x ’25, as the broad interests of the coalition represent a great opportunity to influence biofuels policy—we hope to help steer that influence in the most sustainable direction.

On December 5, UCS released a groundbreaking new report, Digging Up Trouble, examining the serious toll that pollution from diesel-powered construction equipment takes on the health of Californians. The report generated widespread print, radio, and television news coverage, and has been distributed to California Air Resources Board members, who, in the coming months, will be voting on a new regulation to reduce harmful pollution from existing construction equipment in the state. This regulation will be the first of its kind in the country, and will hopefully become a model for other states.

The report found that pollution from construction equipment in 2005 was responsible for an estimated 1,132 premature deaths, nearly 183,000 lost work days, 1,086 hospitalizations, and $9.1 billion dollars in annual costs. Nine out of every ten construction-related health effects in California have occurred in the state's five most populated air basins.

"Construction pollution is taking a heavy toll on the health of all Californians," said Don Anair, author of the report and a clean vehicles engineer in UCS's Berkeley, California office. "Construction equipment being used to build our hospitals shouldn't be responsible for filling them up."