States Win Suit to Stop New EPA Standards

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States Win Suit to Stop New EPA Standards

By MARK JOHNSON

http://cnn.netscape.cnn.com/news/story.jsp?flok=FF-APO-

1110 & idq=/ff/story/0001%2F20060317%2F1428085248.htm & sc=1110

ALBANY, N.Y. (AP) - A federal appeals court sided with 14 states

Friday and blocked the Environmental Protection Agency from going

forward with new regulations activists say would lead to more air

pollution from the nation's power plants and factories.

The new rules would have allowed older power plants, refineries and

factories to modernize without having to install the most advanced

pollution controls. The EPA has disputed claims that the changes

would increase pollution.

The U.S. Court of Appeals in Washington ruled that the EPA's changes

violated the language of the federal Clean Air Act, and that any

such change can be authorized only by Congress. Fourteen states and

a number of cities, including New York, San Francisco and

Washington, D.C., sued to block the change in 2003.

``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 suit for the states. ``It is a

rejection of a flawed policy.''

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 more 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 rule had been blocked from going into effect since December

2003, when the same court issued a stay.

``We are disappointed that the court did not find in favor of the

United States,'' said EPA spokesman Millett. ``We are reviewing

and analyzing the opinion and cannot comment further at this time.''

Industry groups have contended that the Clean Air Act, as now

written, discourages plant operators from modernizing their

equipment. They said Friday's decision would do little to help air

quality.

``The decision is a step backward in the protection of air quality

in the United States,'' said 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, land, Massachusetts, New Hampshire, New Jersey,

New Mexico, Pennsylvania, Rhode Island, Vermont and Wisconsin.

On the Net:

U.S. Court of Appeals in Washington:

http://www.cadc.uscourts.gov/internet/internet.nsf

Office of New York Attorney General: http://www.oag.state.ny.us

Environmental Protection Agency: http://www.epa.gov