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Shut up, Mary Nichols!


Mary Nichols asks them to disavow incorrect claims .

California Air Resources Board
News Release #:11-08
Date:02/07/2011
ARB PIO: (916) 322-2990
CONTACT:
Stanley Young
916-322-1309
syoung@arb.ca.gov


CARB cautions car companies about Auto Alliance statements

Mary Nichols asks them to disavow incorrect claims

SACRAMENTO - Today, Chairman Mary D. Nichols released a letter
sent to seven major automobile manufacturers challenging them to
disavow claims made by the Alliance of Automobile Manufacturers
to Representatives Upton and Issa or risk returning to the
environmental battles of the Bush era.

Nichols expressed concern that misrepresentation of ongoing
negotiations jeopardizes progress with the federal agencies to
develop and implement vehicle emission standards that reduce
greenhouse gas emissions in California and nationwide while
saving consumers money at the pump.

Nichols also corrected several long-debunked claims made by the
Alliance, and ended the letter by requesting that the CEOs take
action to prevent the constructive relationship between the
regulators and the companies from being undermined.

The full text of the letter is available at:
http://www.arb.ca.gov/newsrel/2011/carb_to_autoalliance.pdf

...or if CARB removes the letter, download it here

Linda S. Adams  Acting Secretary for  Environmental Protection  The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption.  For a list of simple ways you can reduce demand and cut your energy costs, see our website: http://www.arb.ca.gov.  California Environmental Protection Agency  Printed on Recycled Paper  Air Resources Board  Mary D. Nichols, Chairman  1001 I Street • P.O. Box 2815  Sacramento, California 95812 • www.arb.ca.gov Edmund G. Brown Jr.  Governor  February 7, 2011  Dear [Company CEO] for each of the following companies:  General Motors Corporation  Chrysler Group LLC  Ford Motor Company  BMW  Toyota Motor Corporation  Volkswagen AG  Mercedes-Benz  The California Air Resources Board (CARB) has been working closely with your  company since 2009 to implement vehicle emission standards that reduce greenhouse  gas emissions in California and nationwide. For this reason, we are alarmed and  disappointed that your trade association, the Alliance of Automobile Manufacturers, has  misrepresented that cooperative spirit in recent letters to Congress. I am writing to  correct those misrepresentations and to urge your company to distance itself from future  efforts by the Alliance to undermine the achievement of our mutual goals to set  standards that will provide American consumers with cleaner and more efficient  vehicles.  CARB’s commitment to a national program has been clear and unwavering.  Specifically, we followed through on all of the commitments expressed in the industry  and CARB letters to the federal government in 2009 which solidified our promise to  work together. Those commitments resulted in CARB adopting the national 2012 to  2016 model year greenhouse gas (GHG) standards as fully compliant with the CARB  standards approved in 2004. More recently, we embraced the President’s May 2010  request to work with the Environmental Protection Agency (EPA) and the National  Highway Traffic Safety Administration (NHTSA) to evaluate the next set of vehicle  emission standards for 2017 to 2025 model years. And, we committed staff resources,  more than two million dollars of contract funding, and met jointly with your company and  the federal agencies regularly. In addition, we co-authored the Technical Assessment  Report requested by the President that was published on schedule on September 30,  2010, and repeatedly delayed initiation of a California regulatory process in order to  conduct our rulemaking in parallel with the regulatory process planned by the federal  government. In fact, in order to ensure that we develop our rules using the same sets of  data, we recently issued a joint statement with EPA and NHTSA promising that we  Page 2  would release proposals for the next set of GHG standards (and NHTSA’s fuel economy  standards) on the same date, September 1, 2011.  On January 11, 2011 in letters addressed to Congressmen Issa and Upton and signed  by Vice President Karr of the Alliance of Automobile Manufacturers, the Alliance calls  our commitment to a national program into question. In these letters, the Alliance  claims California is taking “unilateral action” in a “rushed effort toward a state  rulemaking” that “is not in the spirit of a collaborative effort to develop a single national  program for fuel economy/GHG standards.” For the Alliance to suggest we are no  longer committed to a cooperative effort is disingenuous at best, and incorrect.  Furthermore, the Alliance letter brings into question the auto industry’s desire for  continued cooperation. For example, the Alliance raises the alleged “patchwork” of  state regulations argument, yet fails to recognize this issue was eliminated a year ago  when CARB amended its regulations to allow compliance to be based on the sum of all  vehicles sold in states that require California-certified vehicles. And, the claim  previously set forth by several automobile manufacturers – and reiterated in the Alliance  letter – that California is preempted from adopting GHG standards because they “relate  to” fuel economy has been rejected by two federal courts who found no such  preemption exists. Finally, the Alliance’s claim that it is highly doubtful that California  could get a waiver as required by the federal Clean Air Act is especially puzzling given  EPA’s issuance of a waiver last year (which the industry supported) for our GHG  standards through the 2016 model year.  The unfortunate statements made by the Alliance undercut our continued cooperation to  establish future greenhouse gas emission standards in an open, collaborative and  positive process. I request that you correct the Alliance’s mischaracterizations and work  to prevent this kind of communication from undermining our constructive relationship.  Sincerely,  Mary D. Nichols  Chairman  cc: The Honorable Barbara Boxer  United States Senate  112 Hart Senate Office Building  Washington, DC 20510  The Honorable Dianne Feinstein  United States Senate  331 Hart Senate Office Building  Washington, DC 20510  Page 3  The Honorable Darrell Issa  Chairman  Committee on Oversight and Government Reform  United States House of Representatives  2157 Rayburn House Office Building  Washington, DC 20515  The Honorable Elijah Cummings  Ranking Member  Committee on Oversight and Government Reform  United States House of Representatives  2157 Rayburn House Office Building  Washington, DC 20515  The Honorable Fred Upton  Chairman  Committee on Energy and Commerce  United States House of Representatives  2125 Rayburn House Office Building  Washington, DC 20515  The Honorable Henry A. Waxman  Ranking Member  Committee on Energy and Commerce  United States House of Representatives  2125 Rayburn House Office Building  Washington, DC 20515  The Honorable Edmund G. Brown Jr.  Governor of California  State Capitol, Suite 1173  Sacramento, CA 95814

Linda S. Adams  Acting Secretary for  Environmental Protection  The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption.  For a list of simple ways you can reduce demand and cut your energy costs, see our website: http://www.arb.ca.gov.  California Environmental Protection Agency  Printed on Recycled Paper  Air Resources Board  Mary D. Nichols, Chairman  1001 I Street • P.O. Box 2815  Sacramento, California 95812 • www.arb.ca.gov Edmund G. Brown Jr.  Governor  February 7, 2011  Dear [Company CEO] for each of the following companies:  General Motors Corporation  Chrysler Group LLC  Ford Motor Company  BMW  Toyota Motor Corporation  Volkswagen AG  Mercedes-Benz  The California Air Resources Board (CARB) has been working closely with your  company since 2009 to implement vehicle emission standards that reduce greenhouse  gas emissions in California and nationwide. For this reason, we are alarmed and  disappointed that your trade association, the Alliance of Automobile Manufacturers, has  misrepresented that cooperative spirit in recent letters to Congress. I am writing to  correct those misrepresentations and to urge your company to distance itself from future  efforts by the Alliance to undermine the achievement of our mutual goals to set  standards that will provide American consumers with cleaner and more efficient  vehicles.  CARB’s commitment to a national program has been clear and unwavering.  Specifically, we followed through on all of the commitments expressed in the industry  and CARB letters to the federal government in 2009 which solidified our promise to  work together. Those commitments resulted in CARB adopting the national 2012 to  2016 model year greenhouse gas (GHG) standards as fully compliant with the CARB  standards approved in 2004. More recently, we embraced the President’s May 2010  request to work with the Environmental Protection Agency (EPA) and the National  Highway Traffic Safety Administration (NHTSA) to evaluate the next set of vehicle  emission standards for 2017 to 2025 model years. And, we committed staff resources,  more than two million dollars of contract funding, and met jointly with your company and  the federal agencies regularly. In addition, we co-authored the Technical Assessment  Report requested by the President that was published on schedule on September 30,  2010, and repeatedly delayed initiation of a California regulatory process in order to  conduct our rulemaking in parallel with the regulatory process planned by the federal  government. In fact, in order to ensure that we develop our rules using the same sets of  data, we recently issued a joint statement with EPA and NHTSA promising that we  Page 2  would release proposals for the next set of GHG standards (and NHTSA’s fuel economy  standards) on the same date, September 1, 2011.  On January 11, 2011 in letters addressed to Congressmen Issa and Upton and signed  by Vice President Karr of the Alliance of Automobile Manufacturers, the Alliance calls  our commitment to a national program into question. In these letters, the Alliance  claims California is taking “unilateral action” in a “rushed effort toward a state  rulemaking” that “is not in the spirit of a collaborative effort to develop a single national  program for fuel economy/GHG standards.” For the Alliance to suggest we are no  longer committed to a cooperative effort is disingenuous at best, and incorrect.  Furthermore, the Alliance letter brings into question the auto industry’s desire for  continued cooperation. For example, the Alliance raises the alleged “patchwork” of  state regulations argument, yet fails to recognize this issue was eliminated a year ago  when CARB amended its regulations to allow compliance to be based on the sum of all  vehicles sold in states that require California-certified vehicles. And, the claim  previously set forth by several automobile manufacturers – and reiterated in the Alliance  letter – that California is preempted from adopting GHG standards because they “relate  to” fuel economy has been rejected by two federal courts who found no such  preemption exists. Finally, the Alliance’s claim that it is highly doubtful that California  could get a waiver as required by the federal Clean Air Act is especially puzzling given  EPA’s issuance of a waiver last year (which the industry supported) for our GHG  standards through the 2016 model year.  The unfortunate statements made by the Alliance undercut our continued cooperation to  establish future greenhouse gas emission standards in an open, collaborative and  positive process. I request that you correct the Alliance’s mischaracterizations and work  to prevent this kind of communication from undermining our constructive relationship.  Sincerely,  Mary D. Nichols  Chairman  cc: The Honorable Barbara Boxer  United States Senate  112 Hart Senate Office Building  Washington, DC 20510  The Honorable Dianne Feinstein  United States Senate  331 Hart Senate Office Building  Washington, DC 20510  Page 3  The Honorable Darrell Issa  Chairman  Committee on Oversight and Government Reform  United States House of Representatives  2157 Rayburn House Office Building  Washington, DC 20515  The Honorable Elijah Cummings  Ranking Member  Committee on Oversight and Government Reform  United States House of Representatives  2157 Rayburn House Office Building  Washington, DC 20515  The Honorable Fred Upton  Chairman  Committee on Energy and Commerce  United States House of Representatives  2125 Rayburn House Office Building  Washington, DC 20515  The Honorable Henry A. Waxman  Ranking Member  Committee on Energy and Commerce  United States House of Representatives  2125 Rayburn House Office Building  Washington, DC 20515  The Honorable Edmund G. Brown Jr.  Governor of California  State Capitol, Suite 1173  Sacramento, CA 95814

Linda S. Adams  Acting Secretary for  Environmental Protection  The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption.  For a list of simple ways you can reduce demand and cut your energy costs, see our website: http://www.arb.ca.gov.  California Environmental Protection Agency  Printed on Recycled Paper  Air Resources Board  Mary D. Nichols, Chairman  1001 I Street • P.O. Box 2815  Sacramento, California 95812 • www.arb.ca.gov Edmund G. Brown Jr.  Governor  February 7, 2011  Dear [Company CEO] for each of the following companies:  General Motors Corporation  Chrysler Group LLC  Ford Motor Company  BMW  Toyota Motor Corporation  Volkswagen AG  Mercedes-Benz  The California Air Resources Board (CARB) has been working closely with your  company since 2009 to implement vehicle emission standards that reduce greenhouse  gas emissions in California and nationwide. For this reason, we are alarmed and  disappointed that your trade association, the Alliance of Automobile Manufacturers, has  misrepresented that cooperative spirit in recent letters to Congress. I am writing to  correct those misrepresentations and to urge your company to distance itself from future  efforts by the Alliance to undermine the achievement of our mutual goals to set  standards that will provide American consumers with cleaner and more efficient  vehicles.  CARB’s commitment to a national program has been clear and unwavering.  Specifically, we followed through on all of the commitments expressed in the industry  and CARB letters to the federal government in 2009 which solidified our promise to  work together. Those commitments resulted in CARB adopting the national 2012 to  2016 model year greenhouse gas (GHG) standards as fully compliant with the CARB  standards approved in 2004. More recently, we embraced the President’s May 2010  request to work with the Environmental Protection Agency (EPA) and the National  Highway Traffic Safety Administration (NHTSA) to evaluate the next set of vehicle  emission standards for 2017 to 2025 model years. And, we committed staff resources,  more than two million dollars of contract funding, and met jointly with your company and  the federal agencies regularly. In addition, we co-authored the Technical Assessment  Report requested by the President that was published on schedule on September 30,  2010, and repeatedly delayed initiation of a California regulatory process in order to  conduct our rulemaking in parallel with the regulatory process planned by the federal  government. In fact, in order to ensure that we develop our rules using the same sets of  data, we recently issued a joint statement with EPA and NHTSA promising that we  Page 2  would release proposals for the next set of GHG standards (and NHTSA’s fuel economy  standards) on the same date, September 1, 2011.  On January 11, 2011 in letters addressed to Congressmen Issa and Upton and signed  by Vice President Karr of the Alliance of Automobile Manufacturers, the Alliance calls  our commitment to a national program into question. In these letters, the Alliance  claims California is taking “unilateral action” in a “rushed effort toward a state  rulemaking” that “is not in the spirit of a collaborative effort to develop a single national  program for fuel economy/GHG standards.” For the Alliance to suggest we are no  longer committed to a cooperative effort is disingenuous at best, and incorrect.  Furthermore, the Alliance letter brings into question the auto industry’s desire for  continued cooperation. For example, the Alliance raises the alleged “patchwork” of  state regulations argument, yet fails to recognize this issue was eliminated a year ago  when CARB amended its regulations to allow compliance to be based on the sum of all  vehicles sold in states that require California-certified vehicles. And, the claim  previously set forth by several automobile manufacturers – and reiterated in the Alliance  letter – that California is preempted from adopting GHG standards because they “relate  to” fuel economy has been rejected by two federal courts who found no such  preemption exists. Finally, the Alliance’s claim that it is highly doubtful that California  could get a waiver as required by the federal Clean Air Act is especially puzzling given  EPA’s issuance of a waiver last year (which the industry supported) for our GHG  standards through the 2016 model year.  The unfortunate statements made by the Alliance undercut our continued cooperation to  establish future greenhouse gas emission standards in an open, collaborative and  positive process. I request that you correct the Alliance’s mischaracterizations and work  to prevent this kind of communication from undermining our constructive relationship.  Sincerely,  Mary D. Nichols  Chairman  cc: The Honorable Barbara Boxer  United States Senate  112 Hart Senate Office Building  Washington, DC 20510  The Honorable Dianne Feinstein  United States Senate  331 Hart Senate Office Building  Washington, DC 20510  Page 3  The Honorable Darrell Issa  Chairman  Committee on Oversight and Government Reform  United States House of Representatives  2157 Rayburn House Office Building  Washington, DC 20515  The Honorable Elijah Cummings  Ranking Member  Committee on Oversight and Government Reform  United States House of Representatives  2157 Rayburn House Office Building  Washington, DC 20515  The Honorable Fred Upton  Chairman  Committee on Energy and Commerce  United States House of Representatives  2125 Rayburn House Office Building  Washington, DC 20515  The Honorable Henry A. Waxman  Ranking Member  Committee on Energy and Commerce  United States House of Representatives  2125 Rayburn House Office Building  Washington, DC 20515  The Honorable Edmund G. Brown Jr.  Governor of California  State Capitol, Suite 1173  Sacramento, CA 95814

Linda S. Adams  Acting Secretary for  Environmental Protection  The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption.  For a list of simple ways you can reduce demand and cut your energy costs, see our website: http://www.arb.ca.gov.  California Environmental Protection Agency  Printed on Recycled Paper  Air Resources Board  Mary D. Nichols, Chairman  1001 I Street • P.O. Box 2815  Sacramento, California 95812 • www.arb.ca.gov Edmund G. Brown Jr.  Governor  February 7, 2011  Dear [Company CEO] for each of the following companies:  General Motors Corporation  Chrysler Group LLC  Ford Motor Company  BMW  Toyota Motor Corporation  Volkswagen AG  Mercedes-Benz  The California Air Resources Board (CARB) has been working closely with your  company since 2009 to implement vehicle emission standards that reduce greenhouse  gas emissions in California and nationwide. For this reason, we are alarmed and  disappointed that your trade association, the Alliance of Automobile Manufacturers, has  misrepresented that cooperative spirit in recent letters to Congress. I am writing to  correct those misrepresentations and to urge your company to distance itself from future  efforts by the Alliance to undermine the achievement of our mutual goals to set  standards that will provide American consumers with cleaner and more efficient  vehicles.  CARB’s commitment to a national program has been clear and unwavering.  Specifically, we followed through on all of the commitments expressed in the industry  and CARB letters to the federal government in 2009 which solidified our promise to  work together. Those commitments resulted in CARB adopting the national 2012 to  2016 model year greenhouse gas (GHG) standards as fully compliant with the CARB  standards approved in 2004. More recently, we embraced the President’s May 2010  request to work with the Environmental Protection Agency (EPA) and the National  Highway Traffic Safety Administration (NHTSA) to evaluate the next set of vehicle  emission standards for 2017 to 2025 model years. And, we committed staff resources,  more than two million dollars of contract funding, and met jointly with your company and  the federal agencies regularly. In addition, we co-authored the Technical Assessment  Report requested by the President that was published on schedule on September 30,  2010, and repeatedly delayed initiation of a California regulatory process in order to  conduct our rulemaking in parallel with the regulatory process planned by the federal  government. In fact, in order to ensure that we develop our rules using the same sets of  data, we recently issued a joint statement with EPA and NHTSA promising that we  Page 2  would release proposals for the next set of GHG standards (and NHTSA’s fuel economy  standards) on the same date, September 1, 2011.  On January 11, 2011 in letters addressed to Congressmen Issa and Upton and signed  by Vice President Karr of the Alliance of Automobile Manufacturers, the Alliance calls  our commitment to a national program into question. In these letters, the Alliance  claims California is taking “unilateral action” in a “rushed effort toward a state  rulemaking” that “is not in the spirit of a collaborative effort to develop a single national  program for fuel economy/GHG standards.” For the Alliance to suggest we are no  longer committed to a cooperative effort is disingenuous at best, and incorrect.  Furthermore, the Alliance letter brings into question the auto industry’s desire for  continued cooperation. For example, the Alliance raises the alleged “patchwork” of  state regulations argument, yet fails to recognize this issue was eliminated a year ago  when CARB amended its regulations to allow compliance to be based on the sum of all  vehicles sold in states that require California-certified vehicles. And, the claim  previously set forth by several automobile manufacturers – and reiterated in the Alliance  letter – that California is preempted from adopting GHG standards because they “relate  to” fuel economy has been rejected by two federal courts who found no such  preemption exists. Finally, the Alliance’s claim that it is highly doubtful that California  could get a waiver as required by the federal Clean Air Act is especially puzzling given  EPA’s issuance of a waiver last year (which the industry supported) for our GHG  standards through the 2016 model year.  The unfortunate statements made by the Alliance undercut our continued cooperation to  establish future greenhouse gas emission standards in an open, collaborative and  positive process. I request that you correct the Alliance’s mischaracterizations and work  to prevent this kind of communication from undermining our constructive relationship.  Sincerely,  Mary D. Nichols  Chairman  cc: The Honorable Barbara Boxer  United States Senate  112 Hart Senate Office Building  Washington, DC 20510  The Honorable Dianne Feinstein  United States Senate  331 Hart Senate Office Building  Washington, DC 20510  Page 3  The Honorable Darrell Issa  Chairman  Committee on Oversight and Government Reform  United States House of Representatives  2157 Rayburn House Office Building  Washington, DC 20515  The Honorable Elijah Cummings  Ranking Member  Committee on Oversight and Government Reform  United States House of Representatives  2157 Rayburn House Office Building  Washington, DC 20515  The Honorable Fred Upton  Chairman  Committee on Energy and Commerce  United States House of Representatives  2125 Rayburn House Office Building  Washington, DC 20515  The Honorable Henry A. Waxman  Ranking Member  Committee on Energy and Commerce  United States House of Representatives  2125 Rayburn House Office Building  Washington, DC 20515  The Honorable Edmund G. Brown Jr.  Governor of California  State Capitol, Suite 1173  Sacramento, CA 95814