Every winning streak must come to an end. California, which had a perfect record of winning waivers from the EPA to pass air quality rules for autos and industry more stringent than federal policies, was denied in an attempt to limit greenhouse gas emissions.

EPA administrator Stephen Johnson timed his negating decision conveniently just after a new law passed that forces the auto industry to increase fuel economy, the first such measure in a generation. This was too much of a coincidence as he could have ruled at any time this year, but he says the federal policy is sufficient, despite repeated precedent where California was allowed to set its own rules because of a provision in the Clean Air Act.

I've had a hunch that the EPA would deny the waiver because greenhouse gases are a different type of pollutant and the science isn't as clear. While putting other things in the air such as mercury, sulfur, and particulates cause immediate health problems to local residents, CO2 is more of a threat because of climate change, a global concern that while potentially devastating is not understood by scientists to the same degree.

California is appealing the decision and will likely win, but not before the first few batches of cars (starting next year) that aren't up to its standard go on sale in the state. As the San Francisco Chronicle points out, the new energy bill allows the state to continue to set its own standards:

"The energy law only sets a fuel-economy floor," he said. "It requires the administration to set standards of 'at least 35 miles per gallon,' expressly giving the administration the power to go farther. And the law expressly preserves California's authority under the Clean Air Act to set independent, stronger standards."

The next administration -- regardless of party affiliation -- will likely grant CA's wishes without continuing the legal battle.