"We're talking about carbon dioxide, " says former Solicitor General Ted Olson, who is representing the Alliance of Automobile Manufacturers.

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Charles Territo, with the Alliance of Automobile Manufacturers, says the public already has the choices to move to better fuel economy.

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Ford Motor, General Motors and other members of the Alliance of Automobile manufacturers have conceded that they'll have to increase fuel economy standards.

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Charles Territo, a spokesman for the Alliance of Automobile Manufacturers, an industry group that represents most major automakers, suggested the rules were tough enough.

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Automakers exported more than 1.56 million U.S.-built vehicles to more than 200 countries in 2011, according to the Alliance of Automobile Manufacturers, a trade group representing 12 major auto companies.

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Eron Shosteck, a spokesman for the Alliance of Automobile Manufacturers, says carbon dioxide can't be regulated like a pollutant because it's not toxic to animals or people and it's tough to control.

NPR: States Push Automakers on Fuel Efficiency

"The text of the Clean Air Act makes plain that Congress intended it as a measure to 'clean' the air of pollutants, not to alter the overall composition of the Earth's atmosphere, " argues the Alliance of Automobile Manufacturers, an auto industry lobbying group, in a brief.

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"We are hopeful the granting of this waiver will not undermine the enormous efforts put forth to create the national program, " says Dave McCurdy, president and chief executive of the Alliance of Automobile Manufacturers, which represents 11 vehicle manufacturers including General Motors, Chrysler, Ford Motor and Toyota.

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