Statement by Senator Feinstein

- On the Federal Appeals Court Ruling that President Bush Violated the Clean Air Act by Refusing to Approve California's MTBE Waiver Request -
July 17, 2003

"A Federal Appeals Court ruled today that the Bush Administration violated the Clean Air Act when it rejected California's request to sell cleaner-burning gasoline without oxygenates such as MTBE or ethanol.

The fact of the matter is that California's own clean air and reformulated fuel requirements are the most stringent in the nation and do not mandate the use of oxygenates except in limited areas during winter months. So I would hope that those in Congress seeking to triple the amount of ethanol used in gasoline would also take notice of this ruling and drop their support of an unnecessary and problematic mandate.

Two years ago, when the Administration took this action, I noted that President Bush had 'once again turned a blind eye to California and doomed the State to choosing between price hikes at the pump and continued pollution of our groundwater from MTBE.'

So it is heartening to see that the Ninth Circuit Court of Appeals has found that the Bush Administration 'abused its discretion' by turning down California's request for a waiver from the Clean Air Act requirement that two percent of its reformulated gasoline include an oxygenate as long as the clean air standards could be met.

The Court asked the Environmental Protection Agency to reconsider the matter with full consideration of the impact on air quality and the ozone.

Since the Bush Administration turned down California's request on June 12, 2001, and California has been transitioning from MTBE to ethanol, the price at the pump has skyrocketed to record levels and air quality has worsened. That is why on Tuesday I asked the California Environmental Protection Agency to investigate the impact on California.

A waiver from the oxygenate requirement is good for the environment and a broad-based EPA 'Blue Ribbon Panel' concluded in 1999 that the oxygenate requirement is not necessary for clean air. It would mean clean air and cleaner drinking water for millions of Californians. California's own clean air and reformulated gasoline requirements are the most stringent in the nation and would continue to be in effect, even if a waiver were granted."

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