States' Rights when it pleases the Bush administration. And not when it doesn't.

We'll keep this short because it's so depressing.

California passed a law requiring a percentage of passenger vehicles to achieve zero emissions.

The federal Clean Air Act allows states to regulate auto emissions - and California has done so repeatedly in the past.

It is generally agreed that the federal law on fuel economy trumps all others; a state may not enforce a law related to fuel economy standards.

Automakers are opposed to California's zero emission law.

The Bush administration, supporting the automobile manufacturers in a 37-page filing with a federal appeals court, argued that California's zero emission mandate impinges on what is solely a federal responsibility. "The Energy Policy and Conservation Act provides that when a federal fuel economy standard is in effect, a state or a political subdivision of a state may not adopt or enforce a law or regulation related to fuel economy standards," the department argued.

Everybody got that? States may not legislate fuel economy, but are permitted to legislate emissions. Therefore California's zero emission requirement is unlawful.

How can anybody defend that reasoning? (Maybe someone from the Federalist Society can do it, but nobody with a sound mind.)

posted by Quiddity at 10/14/2002 11:24:00 AM