Fed Appeals Ct. Sides w/ (Bush) EPA (v states) on (polluting power) Plants

[DeepModem Mom]

New York Times/AP:
Federal Appeals Court Sides With E.P.A. on Plants
By THE ASSOCIATED PRESS
Published: June 24, 2005
Filed at 1:04 p.m. ET


WASHINGTON (AP) -- A federal appeals court on Friday rejected claims by thirteen states that the Bush administration's decision to let older power plants spew more pollution into the air undermines public health in violation of the Clean Air Act.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia sided with the Environmental Protection Agency, saying New York and a dozen other states failed to show how the administration's new regulations violate the 1970 environmental law.

The Bush administration argued its decision to let older power and other industrial plants modernize without making them install expensive new pollution controls will remove barriers to innovation and increase productivity. Environmental critics said it will also increase pollution.

The judges' 73-page ruling said it is not clear if the administration's changes in ''new source review'' regulations will lead to greater pollution, or if leaving the old rules in place would deter companies from modernizing....

***

Other states in the lawsuit were California, Connecticut, Delaware, Illinois, Maine, Massachusetts, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Vermont, and Wisconsin....


http://www.nytimes.com/aponline/national/AP-Pollution-Controls.html

[shoelace414]

1. the real reason for Conservative judges is this.

environmental regulation

[Gloria]

2. I left Jersey just in time...between the drift from the Midwest,

the benzene from the truck emissions....it's taken 5 years for my lungs to return to health....

[Moderator]

3. kick

[Judi Lynn]

4. Court upholds changes to pollution rules for factories

June 24, 2005, 9:14PM

Court upholds changes to pollution rules for factories
By DEVLIN BARRETT
Associated Press

WASHINGTON - The Bush administration's plan to let aging industrial plants modernize without buying expensive pollution controls was upheld Friday by a federal appeals court.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia sided with the Environmental Protection Agency, saying New York and a dozen other states failed to show how key areas of the administration's new regulations violate the 1970 Clean Air Act.

But the unanimous decision also came down against the EPA on two parts of the regulations' changes and told the agency to review a third, giving environmentalists some reason for optimism.

The Bush administration argued that its plan will remove barriers to innovation and increase productivity — and will not worsen air quality.

Environmental critics say the changes will increase sulfur dioxide and nitrogen oxides, which contribute to acid rain and public health woes.
(snip/...)

http://www.chron.com/cs/CDA/ssistory.mpl/nation/3240303
(Free registration is required)

[eleonora]

5. Depressing

No, really...every day brings in more atrocious news.

[TaleWgnDg]

6. Here's better coverage (resources) on this lawsuit here . . .

.
Here's better coverage (resources) on this lawsuit here . . .

Appeals court sides with EPA on relaxed anti-pollution plant upgrades

Friday, June 24, 2005
Kate Heneroty at 1:12 PM ET

(JURIST) A three judge panel of the U.S. D.C. Circuit Court of Appeals Friday rejected claims by thirteen states that the Bush administration's decision to let older power plants emit more pollution violates the Clean Air Act (text). The policy upheld in State of New York v. EPA (court opinion, .pdf format, Adobe Reader required) allows plants to modernize without requiring installation of expensive new pollution controls. The administration feared the mandatory upgrades would hinder innovation and changes that increase productivity. The court indicated it was unclear that the administration's changes in the New Source Review (EPA backgrounder) will lead to greater pollution. The EPA New Source Review rules apply to 17,000 facilities, including power plants, refineries, steel mills, and pharmaceutical factories. AP has more.

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edited to included url hyperlink: http://jurist.law.pitt.edu/paperchase/2005/06/appeals-court-sides-with-epa-on.php

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[Deja Q]

7. As the US is the #1 polluter already,

this ruling isn't going to go over well with the rest of the world...