"Sue and sue and sue" for emissions standards

Washington lined up with California and 14 other states to force the U.S. government out of its unfathomable foot-dragging on improving vehicle-emissions standards.

The lawsuit in the 9th U.S. Circuit Court of Appeals seeks to overturn the Bush administration's Dec. 19 rejection of California's application for a federal waiver so it could implement its own new standards. Washington, Oregon and 13 other states embraced them as well, contingent on California's waiver, required under the federal Clean Air Act. Despite staff advice to the contrary, Environmental Protection Agency chief Stephen Johnson shot down the application, saying greenhouse-gas emissions extend beyond state boundaries and require a national solution. As a consolation, agency officials noted the new federal energy bill increased fuel-efficiency requirements across the fleets of car manufacturers.

That's hard-won progress. But these 16 states, representing about half of potential car-buyers, want to do better. That's a lot of market share to entice car manufacturers to improve emissions-limiting technology.

But the Bush administration, which dragged its feet on acknowledging climate change, inexplicably seems intent on doing whatever it can to thwart states' efforts to take the lead. The EPA was having none of it, rejecting the only waiver among more than 40 applications in 30 years.

No wonder California Gov. Arnold Schwarzenegger, a Republican, said he would "sue and sue and sue again" to gain the authority to implement new standards. Legal experts say case law is on the side of the states, but the proceedings will waste resources and precious time.

Better for the administration to get out of the road.