U.S. Court Backs Bush's Changes on Clean Air Act

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U.S. Court Backs Bush's Changes on Clean Air Act

By MICHAEL JANOFSKY

Published: June 25, 2005


WASHINGTON, June 24 - A federal appeals court sided with the Bush administration on Friday, upholding its revisions of the Clean Air Act to allow plant operators to modernize without installing expensive new pollution control equipment. The ruling turned back challenges to the revisions by New York, California and a dozen other states.

In upholding central provisions of the regulations known as New Source Review, the court concluded that the Environmental Protection Agency had acted within its rights in issuing rules in 2002 that allowed operators of power plants, refineries, and factories greater flexibility in controlling emissions of air pollutants than they had previously.

Representatives of the electric power industry, which had strongly supported the new regulations, hailed the ruling as a victory. The new rules require owners of older plants to upgrade emission-control equipment to standards for new plants only if they make substantial improvements. Plant owners and the E.P.A. have consistently disagreed over how to differentiate between routine maintenance and large-scale upgrades.

Jeffrey Holmstead, the agency's assistant administrator for air and radiation, said the court "recognized the value of common sense reforms" included in the new rules. Mr. Holmstead noted that the panel "simply did not buy" the argument made by the states and other critics that allowing the rules' provisions to remain intact would cause "environmental devastation." <more>

http://www.nytimes.com/2005/06/25/politics/25enviro.html?th&emc=th

[Andy_Stephenson]

1. Those damned

Activist Judges...

[rodeodance]

2. damn damn damn

[rodeodance]

3. some good news -the industry did not get all they wanted!!!

....The ruling was issued in a unanimous opinion by a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit. But the court also said that the E.P.A., in issuing the rules, had exceeded its authority in several areas, and representatives of the states and environmental groups also said they found enough to their liking in the 73-page opinion to claim successes.

Eliot Spitzer, the New York attorney general, said in an interview that the ruling was "a win for us." Echoing a view expressed by environmental groups who were also involved in the case, Mr. Spitzer added: "Anybody who cares about the quality of air can view the case a victory for enforcement and continued aggressive action to limit the violations of the Clean Air Act by power companies."

[bloom]

4. 2 of them were Clinton appointees

backing Bush's changes... :grr:

The three-judge panel included Stephen F. Williams, a senior judge who was appointed by President Ronald Reagan; and two judges who were appointed by President Bill Clinton, Judith W. Rogers and David S. Tatel.