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Environmental Groups Sue 14 Federal Agencies for Failure to Implement Energy Policy Act

Posted Nov. 17, 2008 / Posted by: admin

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Agencies Failed to Purchase Required Alternative Fuel Vehicles for Public and Corporate Fleets

That Would Save Equivalent of Four ANWR’s of Fuel Annually


Danielle Fugere, Bluewater Network, (415) 544-0790 x 15

Jay Tutchton, Esq., University of Denver, College of Law, (303) 871-6034

Jeff Miller, Center for Biological Diversity, (510) 499-9185


San Francisco, CA --

of Friends of the Earth - filed a lawsuit today in federal District Court in San Francisco against 14

agencies for their continuing failure to implement the federal Energy Policy Act (EPA), by not

purchasing the legally required percentages of Alternative Fuel Vehicles (AFVs) for their vehicle fleets.

The suit (case #CO501526) charges nearly every federal agency under the Bush Administration,

including the CIA and Department of Homeland Security, with violations of the EPA. It also seeks

compliance with the EPA requirement for corporate fleets to purchase AFVs if necessary to meet

petroleum fuel reduction goals. The case follows a suit by the same plaintiffs in 2000, for which a court

ruled in 2002 that the government had failed to purchase sufficient AFVs or disclose purchase numbers.

Passed in 1992 after the first Gulf War, the goal of the EPA is to replace 30% of all oil used for

transportation in the U.S with alternative fuels by 2010. The EPA requires all federal agencies to ensure

that at least 75% of their annual purchases of cars and light duty trucks in major metropolitan areas are

AFVs instead of traditional petroleum-fueled vehicles. The federal government has over 600,000

vehicles, the largest fleet in the nation.

“If the Bush administration would comply with the Energy Policy Act, we could save 1.4 billion barrels

of oil every year – that’s four times more oil than drilling in the Artic National Wildlife Refuge would

provide annually,” said Peter Galvin, Conservation Director for the CBD. “Removing our dependence

on foreign oil sources should be an urgent national priority. The Bush Administration’s failure to

follow this law is a glaring example of its backwards and hypocritical energy policies.”

“By refusing to purchase alternative fueled vehicles for their fleets, these agencies are raising the risks

of cancer, stroke, and asthma for millions of Americans; increasing global warming and air pollution;

and keeping the nation addicted to fossil fuels from politically unstable foreign nations,” said Danielle

Fugere, Climate Director of Bluewater Network.

As a means of achieving its petroleum reduction goals, Congress sought to utilize the purchasing power

of the federal government to stimulate the market for AFVs. AFVs are powered by natural gas,

propane, ethanol, or electricity, which produce less pollution and greenhouse gas emissions than

The Center for Biological Diversity (CBD) and Bluewater Network - a division


petroleum fueled vehicles. Each federal agency was directed to purchase a mandated percentage of

AFVs and to report its purchases to Congress and the public. If federal purchasing alone proved

insufficient to spur the market, the EPA required the Department of Energy (DOE) to undertake a staged

rulemaking process to determine whether or not AFV fleet requirements must also be applied to private

and municipal government fleets. Today’s lawsuit also challenges the DOE’s failure to mandate the

purchase reporting of AFVs by such fleets.

“The Energy Policy Act makes both economic and environmental sense,” said Jay Tutchton, attorney

for the groups. “It was passed under a Republican Administration and signed by the President’s father.

It is the height of irony and shortsightedness that President Bush is refusing to implement this law.”

Emissions from petroleum-fueled vehicles contain greenhouse gases linked to climate change. There

remains no credible scientific dispute that global warming is occurring and accelerating due to human

production of greenhouse gases, primarily from burning of fossil fuels: In 2001, the Intergovernmental

Panel of Climate Change concluded that the global rise in average yearly temperature over the last 50

years was primarily attributable to human causes. The U.S. is responsible for approximately 25% of the

total world oil consumption, and approximately 65% of the oil used in the U.S. each year is for

transportation. Accordingly, the U.S. produces approximately 20% of the world’s greenhouse gases,

one quarter of which are due to transportation related activities. Climate change worldwide and in the

U. S. is expected to severely impact imperiled wildlife and reduce biodiversity by altering the

distribution, abundance, and habitat of many species, resulting in hastened population extinctions. For

example, the CBD recently petitioned for listing of the polar bear under the Endangered Species Act, in

part because of the detrimental effects of global warming on polar ice habitat for this species.

Air pollution from vehicles is also linked with numerous harmful effects on human health, including

respiratory problems, heart and lung diseases, and premature death. Motor vehicles emit numerous

hazardous pollutants that the Environmental Protection Agency classifies as known or probable human

carcinogens. In California, for example, over 90% of the population lives in regions adversely affected

by air quality problems, largely as a result of vehicle exhaust. Long-term exposure to air pollution in

four San Francisco Bay Area counties may cause an additional 208 cases of cancer for every million

residents, mostly attributable to benzene and butadiene, byproducts of petroleum fuel combustion.

Displacing petroleum with alternative transportation fuels will reduce U.S. dependence on imported oil

and vulnerability to foreign oil import disruptions, decrease emissions of greenhouse gases, pollutants

and toxics, and promote domestic economic development. Implementation of the EPA would also

reduce the need for oil exploration and development in sensitive wildlife areas such as the Artic

National Wildlife Refuge in Alaska.

Principal among the defendants is the DOE, the very agency charged with enforcing the EPA. Other

agencies being sued include the U. S. Departments of Agriculture, Commerce, Defense, Health and

Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, Transportation,

and Veterans Affairs; as well as the Central Intelligence Agency, Executive Office of the President,

Federal Communications Commission, and General Services Administration.

The Center for Biological Diversity is a national organization with over 12,000 members whose mission

is the preservation, protection, and restoration of biodiversity, native species, ecosystems, public lands,

and public health. Bluewater Network is an environmental organization with over 50,000 members

working to reduce dependence on fossil fuels and eradicate other root causes of air and water pollution,

global warming, and habitat destruction. A copy of the lawsuit and more information about the Energy

Policy Act can be found at or

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