Judd Legum of Think Progress is upset about the Bush Administration’s new fuel economy standards. As if he’s uncovered something sinister in the rules, he writes “Buried on page 150 of the draft rule is a provision that would totally undermine state efforts to curb CO2 emissions.” What Legum does not mention is that preemption is written into the federal law authorizing federal fuel economy rules in the first place. Indeed, the very next paragraph after the one Legum quotes makes this clear:

Our statute contains a broad preemption provision making clear the need for a uniform, federal system: “When an average fuel economy standard prescribed under this chapter is in effect, a State or a political subdivision of a State may not adopt or enforce a law or regulation related to fuel economy standards or average fuel economy standards for automobiles covered by an average fuel economy standard under this chapter.” 49 U.S.C. 32919(a). Since the way to reduce carbon dioxide emissions is to improve fuel economy, a state regulation seeking to reduce those emissions is a “regulation related to fuel economy standards or average fuel economy standards.”

This interpretation of federal law is not new, and hardly had to be “buried” in the rule. It’s been explicit administration policy for quite some time — and is based upon a fairly straight-forward interpretation of existing federal law.