Earth Equity News

Federal Judges Toss EPA Rule to Reduce Smog, Soot. By Del Quentin Wilber and Marc Kaufman, WashPost, July 12, 2008. "A federal appeals court yesterday threw out a major component of the Bush administration's effort to reduce unhealthy levels of soot and smog in Eastern and Midwestern states, a decision that environmental groups worry will delay action on air pollution well into the next administration. A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled unanimously that the EPA overstepped its authority in instituting a rule that would have established a cap-and-trade system for soot and smog... The Clean Air Interstate Rule (CAIR) rejected by the court does not apply to greenhouse gases such as carbon dioxide... While several environmental groups criticized the rule for not setting more aggressive pollution limits, they nevertheless welcomed the measure, saying it was the best they could expect from the administration. Many power companies also supported the rule because it was not as costly as some proposals pending in Congress... William M. Bumpers, an attorney [representing utilities that supported CAIR,] said, 'This is a train wreck for the EPA, and it's a train wreck for the environment. Companies have invested billions of dollars under this rule, and they're not very happy today.' However, not all power companies supported the EPA's action. Several, led by Duke Energy, filed court challenges, arguing that the agency had set pollution limits arbitrarily. North Carolina attacked the plan from a different angle, saying the program was not tough enough because utilities would be allowed to pollute more by buying credits. Such utilities then would actually be dumping more soot and smog onto North Carolina communities, the state argued. In agreeing with those arguments, the judges said the EPA's regional cap system 'is fundamentally flawed.'... Lawmakers who support tougher air pollution standards said the decision should help their efforts to pass legislation."