kaitainen wrote:
there is a lot missing from this discussion. i'll try to provide the basic background.
california and 16 or so other states have passed a carbon reduction initiative that requires carmakers to sell cars that produce significantly less carbon dioxide within the next 10 or so years, with the first reductions required by 2009. california passed these rules 2 years ago. in order for them to go into effect, however, the EPA must grant a "waiver" from the clean air act. without such a waiver, a state cannot pre-empt the federal regulatory regime (even if the state is introducing stricter regulations - this is a longstanding element of constitutional jurisprudence; if the federal government has fully regulated in an area, a state cannot impose a different regulatory regime).
in the past, the EPA has granted california 50+ waivers without ever turning them down. this time around, it's a bit different because so many states have signed on (among them some fairly conservative states including utah). so the EPA sat on their hands and refused to grant or deny the waiver. granting it would cause problems for the US auto industry (at least in their minds) while denying it would hurt the already-weak president.
california eventually got tired of waiting, so they sued the EPA to force them to decide. california won that suit. the EPA still delayed and then finally offered the auto industry a quid pro quo - if the auto industry would get behind the energy bill then the EPA would deny the california waiver (the quid pro quo nature of this is speculation that seems to be widely believed; at the least, the two things happened within a day or two of each other). the federal energy bill (which of course was passed by the democratic-majority congress) provides for an increase in fuel efficiency to 35 mpg by 2020. unlike the california standards, there are no interim benchmarks which must be met. in other words, the 35 mpg number is a joke that will not ever be met.
california had argued that the regulation of carbon dioxide emission is different than the regulation of fuel economy. the counter to this argument is that the only way to effectively reduce carbon dioxide emissions enough to meet the california standards is to increase fuel economy so california is effectively regulating fuel economy. the california standard would ultimately require something like 43 mpg as an average, so the standard is tougher.
it's also worth noting that with the number of states that have signed onto the california plan, over half of all cars sold in the US would need to meet the california standards. it also means that politicians representing over half of all US voters have signed onto the plan.
with that lengthy background of this particular issue, i want to briefly address the SS teaching question. the simple answer is that you have been teaching incorrect information about federalism in the US. states generally cannot impose tougher regulations than the federal government. they also cannot impose less restrictive regulations. when the federal government fully regulates an area, states have no ability to impose their own standards. there are a number of federal court rulings regarding whether congress intended to fully preempt a particular regulated area. there are certain circumstances in which the federal government explicitly allows states to impose greater regulations and there are also situations in which the feds implicitly allow states to do so by only partially regulating an area. but when the feds fully regulate in an area, states cannot impose tougher standards.