Domike Discusses California’s Waiver Under the Federal Clean Air Act with Southern California Public Radio


KPCC Radio in Los Angeles and Orange County featured Haynes and Boone, LLP Partner Julie Domike in a piece about the history of the federal Clean Air Act and how California has been able to set its own vehicle emissions standards.

The story focused on the current effort by the Trump EPA to challenge California’s ability to set stricter standards than the federal requirements, and the history of the statutory provision allowing federal preemption to be waived. The reporter pointed out that this [Republican] administration stands in contrast to the President who signed the 1970 statute into law, the same year as he established the Environmental Protection Agency, and asked about the background to those efforts.

“It is a reflection of where the country was at the time,” Domike said. “We had rivers that caught on fire due to substances that were in the river because we had so much pollution. The 60’s saw an enormous growth in concern about the environment across the country and as a result of I believe public pressure, public recognition, congressional recognition, Richard Nixon signed the Clean Air Act.”

In recognition of California’s long history of regulating vehicle emissions to prevent smog, the Clean Air Act gave California a special privilege to set its own vehicle emissions standards, the report explains.

To listen to the full interview, click here.

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