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MemoMemorandumObama · D Quiet signal

Presidential Memorandum

State of California Request for Waiver Under 42 U.S.C. 7543(b), the Clean Air Act

This memorandum directs the EPA Administrator to review the prior denial of California's Clean Air Act waiver request for greenhouse gas emissions standards for motor vehicles, and to take appropriate action based on that assessment. The action effectively signals reversal of the Bush administration's 2008 denial of California's waiver.

Federal Register Open PDF 74 FR 4905

Key directives

  • Assess whether EPA's 2008 denial of California's waiver was appropriate under the Clean Air Act
  • Initiate any appropriate action based on that assessment
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • EPA Administrator directed to assess prior waiver denial

Near term (90d)

  • EPA review and potential initiation of action to reverse denial

Long term

  • Potential reinstatement of California's authority to set stricter vehicle emissions standards
  • Possible broader state-level climate regulation of vehicles

Risks & tensions

  • No explicit deadline for EPA assessment, creating uncertainty in timing
  • Automotive industry faces regulatory uncertainty pending review
  • Sets up federal-state tension over preemption and climate policy
  • Vague 'initiate any appropriate action' leaves range of outcomes open
Presidential Memorandum: State of California Request for Waiver Under 42 U.S.C. 7543(b), the Clean Air Act · Executive Orders