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Sierra Club Response to Bush’s Call for Authority on Fuel Economy Statement of Daniel F. Becker - Director, Sierra Club Global Warming Program
“The biggest single step we can take toward saving money at the gas pump and cutting America’s oil dependence is to make our cars and trucks go farther on a gallon of gas. I would love to believe that President Bush has finally seen the light on this, but his embrace of CAFE miles per gallon standards is more an evasion than an epiphany.
“The President is claiming that he needs Congressional authority to set higher fuel economy standards for passenger cars. In reality, like Dorothy in Oz, he has had this authority all along but refused to use it. When given the chance, this administration has time and time again failed to make meaningful improvements in fuel economy. In 2003, the Bush administration proposed a mere 1.2 miles per gallon increase in light truck fuel economy CAFE standards over three years. Again, less than a month ago, the administration unveiled fuel economy standards that by its own admission will only save two weeks worth of oil by 2011.
“The technology exists today to make all new vehicles average 40 miles per gallon within ten years. Taking this step would save the average driver over $5,000 over the lifetime of their vehicle, even after accounting for the added cost of the fuel-saving technology. At the same time, raising fuel economy standards would save 4 million barrels of oil per day – an amount equal to what America currently imports from the entire Persian Gulf and could ever get out of the Arctic Refuge, combined.
“Instead of a real commitment to increasing America’s fuel economy, this is an effort by the Bush administration and its allies in Congress to detract attention from the other pieces of their energy plan, such as drilling in the Arctic Wildlife Refuge and waiving clean air standards for oil refineries. They are even considering offering an insulting $100 tax rebate that basically pays Americans to look the other way while they perpetuate our oil addiction and pander to Big Oil companies already raking in record profits.
“In another effort to evade discussion of the real problem—our dangerous oil addiction—some Members of Congress have claimed that we wouldn’t have high gas prices today if we’d drilled in the Arctic years ago. The facts tell us a different story. In reality, Arctic drilling would destroy a pristine wildlife refuge yet would only save us about a penny a gallon at the pump in 20 years. By contrast, had we raised CAFE standards to 40 miles per gallon in 1990, we’d be using half the gas we are today.
BACKGROUND ON THE ADMINISTRATION’S AUTHORITY TO SET PASSENGER CAR FUEL ECONOMY STANDARDS
In 1975, when Congress first enacted Corporate Average Fuel Economy Standards (CAFE) it set passenger car fuel economy standards at 27.5 miles per gallon. In addition, the statute gave the Department of Transportation authority to raise passenger car standard beyond 27.5 mpg in future years, subject to disapproval be either House of Congress (49 U.S.C. 32902(2)). Since the date of enactment, the Supreme Court ruled that this type of one chamber “legislative veto” was unconstitutional (Immigration and Naturalization Service v. Chadha, 103 S. Ct.2764 (1983))
As a result, while the legislative veto provision is invalid, this has no effect on the rest of the CAFE statute and leaves the remaining provisions fully operable. This means that any administration retains the authority to raise passenger car standards above 27.5 miles per gallon without any need to seek approval from Congress. Therefore, the Bush administration has had the authority to raise passenger car CAFE standards since coming into office, yet they have not used this authority.
The language of the statute can be found at: http://www.nhtsa.dot.gov/nhtsa/Cfc_title49/ACTchap321-331.html#32902.
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