Emissions rules upheld in Oregon

SALEM – A judge Thursday upheld a move by Gov. Ted Kulongoski and Oregon environmental officials to adopt California’s tough new vehicle emission standards to reduce greenhouse gases.

Marion County Circuit Judge Mary Mertens James rejected arguments by the auto industry and by Republican lawmakers who said the Democratic governor ignored the wishes of the Legislature by having the state Department of Environmental Quality move to adopt the new standards.

Specifically, the judge said Kulongoski acted within his authority when he used a procedure known as a line-item veto to clear the way for the tougher tailpipe standards.

Kulongoski used that veto to delete a provision that lawmakers tucked into an environmental budget bill in 2005 to bar the administration from spending money to adopt California’s vehicle emissions standards.

Kulongoski’s veto of that provision touched off the lawsuit by Republican Senate Leader Ted Ferrioli, the Alliance of Automobile Manufacturers and more than a dozen car dealers seeking to block the tougher rules.

Acting at Kulongoski’s behest, the Oregon Environmental Quality Commission in December adopted new standards that will take effect in the 2009 model year. They will apply only to new cars and light trucks, not vehicles already on the road.

Adoption of the California standards by Oregon will create a “clean car corridor” from Canada to Mexico. That’s because the Washington Legislature passed a similar measure last year with a provision that the requirement would take effect only if Oregon institutes the stricter standards.