Attorney General Testimony
On May 22, 2007, the U.S. Environmental Protection Agency held a public hearing on California's request for a waiver of preemption for its motor vehicle global warming regulations. Attorney General Brown was the opening witness in support of the waiver. He reminded EPA of the long history of the statutory waiver provision. He explained, briefly, why the waiver must be granted, and that California will sue if it is not. And while acknowledging the automobile industry's power in the Bush Administration, he challenged the EPA Administrator, Stephen Johnson, to "speak truth to power." See a hearing transcript
[PDF 30 kb / 6 pg] of Attorney General Brown’s testimony.
On May 22, 2007, the U.S. Senate Environment and Public Works Committee held a hearing on California's request to the U.S. Environmental Protection Agency for a waiver of preemption for its motor vehicle global warming regulations. See Attorney General Brown's written testimony.
[PDF 30 kb / 6 pg] Attorney General Brown told the U.S. Senate that there are no grounds for EPA to deny the waiver, and that in the wake of Massachusetts v. EPA there was no reason to delay any longer.
On May 30, 2007, EPA held another hearing on California's waiver request, this time in Sacramento, California. Attorney General Brown testified and explained that California's waiver request must be granted if EPA is to comply with the law. He also explained why the federal fuel economy law does not conflict with California's motor vehicle global warming regulations. Listen to Attorney General Brown’s testimony.
[AUDIO 11.8 mb / 6.5 min] See a hearing transcript
[PDF 593 kb / 265 pg] of Attorney General Brown’s testimony.
On June 8, 2007, Attorney General Brown was invited to testify before the Select Committee on Energy Independence and Global Warming of the U.S. House of Representatives, on the topic of how the federal government was responding to the Supreme Court's decision in Massachusetts v. EPA. See Attorney General Brown's written testimony.
[PDF 36 kb / 8 pg] He generally made two points: the federal government is moving too slowly, and the most obvious impact of the decision was to pave way for a prompt waiver of preemption for California's motor vehicle global warming regulations.
On November 9, 2007, Attorney General Brown and the attorney generals from sixteen states sent a letter to Speaker of the House Nancy Pelosi and Senate Majority Leader Harry Reid urging that the energy bill being considered by Congress clearly protect the existing authority of California and other states under the Clean Air Act to set motor vehicle emission standards. The letter expressed the states’ strong opposition to any preemption language in the bill that could be used to invalidate the motor vehicle greenhouse gas emission standards adopted by California and other states. Read the letter
[PDF 131 kb / 4 pg] and accompanying fact sheet.
[PDF 26 kb / 1 pg]
On November 14, 2007, Attorney General Brown wrote a letter to Senator Barbara Boxer, chair of the Senate Environment and Public Works Committee, concerning S. 2191, the Lieberman-Warner Climate Security Act of 2007. The Attorney General explained that he strongly supported the provision of the bill that retained authority for states to set their own, more stringent greenhouse gas emissions standards. Read the letter.
[PDF 159 kb / 1 pg]
On January 10, 2008, Senator Barbara Boxer held a field hearing in Los Angeles to investigate the U.S. EPA's denial of California's waiver application. U.S. EPA Administrator Johnson declined Senator Boxer invitation to testify and explain EPA's decision. Attorney General Brown testified that Administrator Johnson's failure to appear was "unfortunate because he is the one who must be held accountable for EPA's egregious conduct." EPA's decision, issued in a two-page letter, contains no technical or legal analysis. The decision reflects "back-room deal-making and not [EPA's] considered scientific judgment." See a summary of Attorney General Brown's testimony.
[PDF 40 kb / 10 pg]
On January 24, 2008, Attorney General Brown sent a letter to Senator Barbara Boxer in further support of her continuing investigation of EPA's denial of California's waiver. The letter points out that EPA delayed taking any action on California's waiver application for two years and was continuing to delay by withholding documents and refusing to fully disclose the basis for its decision. See Attorney General Brown's letter.
[PDF 19 kb / 1 pg]

