UNLEASHING THE POWER OF THE STATES: BROADENING THE PREEMPTION WAIVER SO STATES ARE EMPOWERED TO COMBAT VEHICLE EMISSIONS

Written By: Eric M. Feldpausch

Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) administrator is required to prescribe emissions standards for new motor vehicles. Regulation of existing mobile source emissions is primarily accomplished under State Implementation Plans (SIPs). With the exception of California, states are preempted from adopting their own regulations for vehicle emissions. To further environmental protection, this Note argues that the preemtion exception granted to California should be granted to all fifty states.

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