Courts block EPA from relaxing environmental rules

[Grimmlok]

ALBANY, New York (AP) -- A federal appeals court blocked the Environmental Protection Agency on Friday from easing clean-air rules on aging power plants, refineries and factories, one of the regulatory changes that had been among the White House's environmental priorities.

The rules, strongly supported by industry representatives, would have allowed older plants to modernize without having to install advanced pollution controls.

The U.S. Court of Appeals in Washington declared that the EPA rules violate the Clean Air Act and that only Congress can authorize such changes.

Fourteen states and a number of cities, including New York; San Francisco, California; and Washington, had sued to block the change in 2003, saying it would allow more air pollution.

"This is an enormous victory for clean air and for the enforcement of the law, and an overwhelming rejection of the Bush administration's efforts to gut the law," said New York Attorney General Eliot Spitzer, who led the lawsuit for the states. "It is a rejection of a flawed policy."

Peter Lehner, Spitzer's top environmental lawyer, said the decision applies to about 800 power plants and up to 17,000 factories nationwide.

Under the Clean Air Act, operators who do anything more than routine maintenance are required to add pollution-cutting devices. Under the proposed change, industrial facilities could have avoided paying for expensive emissions-cutting devices if they spent less than 20 percent of the plant's value, Lehner said.

The EPA had argued the rule change would not increase pollution.

The three-judge panel said the EPA's reading of the Clean Air Act was "a Humpty Dumpty world" interpretation and that Congress had made clear it wanted older facilities to add pollution controls whenever they make modifications.

"We are disappointed that the court did not find in favor of the United States," EPA spokesman John Millett said. "We are reviewing and analyzing the opinion and cannot comment further at this time."

Industry groups have contended that the Clean Air Act, as written, discourages plant operators from modernizing their equipment.

Friday's decision "is a step backward in the protection of air quality in the United States," said Scott Segal, director of the Electric Reliability Coordinating Council, a Washington-based group representing several power-generating companies. "What is it the environmental community thinks they've won? They've won the ability to place roadblocks in front of energy efficiency projects. This is terrible news."

The lawsuit was filed by New York, California, Connecticut, Illinois, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New Mexico, Pennsylvania, Rhode Island, Vermont and Wisconsin.

[buttmunch]

I read this earlier today and was really happy. The article I read said it was the states fighting the feds. I'm really glad about this. The states are fighting the feds on eminent domain and now this...perhaps states rights are making a comeback--in a good way?

[pacific breeze]

Please, let it be true.