EPA expected to lose Calif emissions suit: documents

By Deborah Zabarenko, Environment Correspondent

WASHINGTON (Reuters) - The U.S. Environmental Protection Agency figured it would lose a lawsuit filed by California if the agency turned down the state's request to toughen vehicle emissions standards to fight global warming, according to documents released on Wednesday.

The suit the documents envisioned was filed on January 2, after the agency rejected a petition by California seeking a waiver from federal law to impose more stringent standards for greenhouse gas emissions from cars, light trucks and sport utility vehicles. Fifteen other states were poised to follow California's lead, if the waiver had been approved.

In EPA briefing documents released by the U.S. Senate Environment and Public Works Committee, the agency listed the likely impact of granting or denying a waiver.

The documents accurately predicted what would happen next if the EPA rejected the waiver: The agency would face an "almost certain lawsuit by California." The EPA also said it was "likely to lose (the) suit." The federal appeals court in San Francisco has yet to issue a ruling.

If the EPA had granted the waiver, the documents said the agency would likely face a legal challenge from automakers. But the agency calculated it would almost certainly "win such a suit."

The documents concluded that granting the waiver would "likely allow (California) standards to go into effect" and that this would be "generally consistent" with federal rules on greenhouse gases.

AUTO FIRMS

Auto companies, especially struggling U.S.-based manufacturers, fiercely opposed the attempt by California to impose new emissions regulations, which would sharply increase mileage requirements for their vehicles in that state and any others that adopted the change.