Maryland to join fight over Environmental Protection Agency ruling

Greenhouse gas decision stymies vehicle emissions legislation

On Dec. 19, EPA Administrator Stephen L. Johnson denied California’s petition to adopt its own guidelines to regulate carbon dioxide, the chief gas that causes global warming.

The ruling prevents 17 other states, including Maryland, from enacting their own regulations. The 18 states account for almost half of the total U.S. population and about 45 percent of new automobile sales nationwide.

This year, Maryland became the 11th state to adopt California-style emissions standards on new vehicles with passage of the ‘‘Clean Cars” bill. Maryland’s law would begin with cars sold in 2011 and would require them to be more fuel-efficient and to produce fewer carbon dioxide emissions.

‘‘We’ve passed a bill and the EPA is blocking the enactment of that bill,” said Del. Maggie L. McIntosh (D-Dist. 43) of Baltimore, chairwoman of the House Environmental Matters Committee. ‘‘What are you going to do? We have to have the cooperation of the EPA. It’s a sad state of affairs.”

In a statement, Gov. Martin O’Malley (D) and Gansler said they would pursue every legal option available to ensure enactment of Maryland’s law. If California and other states take the EPA to court, Gansler’s office would handle Maryland’s involvement.

In blocking California’s petition, the EPA said a national approach to combating global warming from greenhouse emissions is better than a state-by-state approach. President Bush agreed, in a statement defending Johnson’s ruling.

At the same time, Bush (R) signed a comprehensive congressional bill increasing fuel economy standards to 35 miles per gallon by 2020.

‘‘While new federal standards on auto emissions are a positive step, the Bush Administration should not prevent states from making even more progress where the federal government has failed to act for so long,” the O’Malley-Gansler statement said.

U.S. Sen. Benjamin L. Cardin said the ruling was ‘‘consistent with [the Bush administration’s] policy on the energy and environment front.”

‘‘Here you have states trying to do what federalism is all about. I thought it was a horrible decision and it was unprecedented and wrong,” said Cardin (D) of Pikesville.

Across the state, environmentalists were dismayed by the EPA’s ruling.

‘‘This sends a horrible signal that the administration has done this. They’re signing legislation on one hand and on the other are striking down this legislation,” said Cindy Schwartz, executive director of the Maryland League of Conservation Voters. ‘‘It’s disheartening when states are working this hard to do the right thing ... but that’s why we have elections and hopefully there will be a change.”

But car dealer Jack Fitzgerald said the states’ hard work has actually paid off.

‘‘California went in the direction they went in because the federal government had refused to act. I think what California and all those other states have done is force the government to move, and they’ve done it,” said Fitzgerald, president of Fitzgerald Auto Malls, headquartered in Kensington. ‘‘I think California and Maryland have gotten what they want whether they realize it or not.”

Fitzgerald and other state auto dealers have argued that environmental standards for automobiles should be handled nationally.

‘‘Our biggest concern was not the emissions piece, because vehicles that are being built now are as clean as they are going to get and are getting cleaner,” said J. Peter Kitzmiller, president of the Maryland Automobile Dealers Association. ‘‘Our concern was that states were going to set their own standards, and to have 15 or so different rules was not acceptable.”

‘‘The idea that the impact of greenhouse gases is something confined to the state of Maryland is silly,” Kitzmiller said. ‘‘This is a global issue. But we know the story is not over and there will be some litigation.”

Staff Writer Douglas Tallman contributed to this report.