Court Rejects Bush's Air Pollution Rule

Appellate Judges Side With Utilities, Point To Flaws In New EPA Rules Meant To Strengthen Air Standards

(CBS/ AP)  A federal appeals court unanimously struck down a signature component of President Bush's clean air policies Friday, dealing a blow to environmental groups and likely delaying further action until the next administration.

The regulation, known as the Clean Air Interstate Rule, required 28 mostly Eastern states - including Virginia - to reduce smog-forming and soot-producing emissions that can travel long distances in the wind. The Environmental Protection Agency predicted it would prevent about 17,000 premature deaths a year.

North Carolina and some electric power producers opposed aspects of the regulation and President Bush found himself with unusual allies.

"This is the rare case where environmental groups went to court alongside the Bush administration," said Frank O'Donnell, president of Clean Air Watch, a group that has criticized other Bush administration policies.

The U.S. Court of Appeals for the District of Columbia Circuit ruled Friday that the EPA overstepped its authority by instituting the rule. It said the Clean Air Act did not give the EPA the authority to change pollution standards the way it did. Citing "more than several fatal flaws," the court scrapped the entire regulation.

"The Bush administration's environmental agenda has been gravely disappointing and damaging in many ways," John Walke, clean air director for the Natural Resources Defense Council told CBS News. "This was one bright exception. Unfortunately, the court ruling yesterday meant that even this exception did not survive."

The EPA said the rule would dramatically reduce sulfur dioxide and nitrogen oxide emissions, saving up to $100 billion in health benefits. Besides the reduction in premature deaths, the EPA also said the rule would have prevented millions of lost work and school days and tens of thousands of nonfatal heart attacks.

The handful of companies that brought the suit said Friday's ruling caught them by surprise. A spokesman for Duke Energy told CBS News the company had not intended to overturn the Clean Air Interstate Rule, and that the court had thrown the baby out with the bathwater.

While North Carolina Attorney General Roy Cooper said he was glad the court agreed "we need tougher rules to clean up and protect the air we breathe," his spokeswoman, Noelle Talley, said the attorney general's office disagreed that the entire rule needed to be scrapped.

William M. Bumpers, an attorney representing Entergy Corp., said a few electric companies flatly opposed the regulation but most generally favored it because it included cap-and-trade provisions. Such provisions allow companies that exceed emissions caps to buy credits from companies that do not.

"The power-generating industry had already invested billions and billions of dollars in anticipation of the trading market," Bumpers said. "They're not happy with this development."

The EPA said it was reviewing the 60-page opinion and would issue a response later Friday. The Bush administration can appeal the decision but environmental groups called for Congress and the EPA to quickly begin working on a new law or replacement regulation.

[bobnjersey]

is this going to be the first law that''s going to stand in ''the deciders'' way?

didn''t mr. addington write a signing statement for this bill ... something like ... ''despite what the law says, the president can do what he pleases''.

[jtdev1]

How convenient for Bush and Co...

Make some stupid rules that will never stand up in court, waste time, then have thr rules thrown out in court...

Doing all this eliminated the embarrassment of Bush doing nothing for the environment...allowing him to say he did something...

[mcvet]

It sounds like you liberals are really getting more bitter by the day.

And you don''''t even "have guns or religion to cling to" like Barack Obama says.

Posted by OneAmerican- at 11:39 AM : Jul 13, 2008

For some reason I don''t think this Nazi has a clue as to what this is all about. To him anything that doesn''t fit his VERY small brain isn''t good and is the fault of "Liberals". It''s sad to see people like this in 2008.. No, it was sad to see people like this all decked out in their hood''s and sheets in 1964, it''s downright UNBELIEVABLE to see them TODAY! Sieg Heil Grand Wizard!!

[cyberus-2009]

I was opposed to the rule *because* of the cap and trade provisions, which favor mega-corps that have the ability to pay for *credits*.

[oneamerican-]

It sounds like you liberals are really getting more bitter by the day.

And you don''t even "have guns or religion to cling to" like Barack Obama says.

[tootall10142]

Whats your granpas name son? My grandpa is former president george bush. well son im sorry for you but ill teach you your new job.this is how you hold a spatula and and bun at the same time, watch carefully we are going to have a test later , Can you say test?

[lambor59]

I plan to celebrate in Washington the day he leaves office, anyone care to join me?
Bring your own eggs!!!

Posted by nrgmizer at 07:56 PM : Jul 12, 2008

I have some sh...it juice for him and Cheney, the 1st and 2nd corrupted thugs in the US.

[smurfcrusher]

Now that we have Bush''s bad faith environmental initiative in the scrap heap, maybe we can create some legislation that will actually improve the lives of Americans and protect their health.

[flytheg550]

Boring story. Next one please.

[stn_sage]

The substance of this ruling is that the EPA didn''t follow procedure. None of the federal departments take major action without FIRST presenting it to Bush/Cheney for their approval/disapproval/tampering etcetera.

So, it''s clear they told them to proceed---remember, he''s the decider-in-chief---knowing that the court would rule against it because the EPA isn''t the law-writing body---that''s Congress!

Therefore, he can pretend to be---or not---for it. All the while, he''s set it up to be shot down, prevented, thus protecting the polluting interest of his business buddies!

Bush torpedoed this just as surely as there are rocks on the moon!

[randynason]

Bush is a closet environmentalist. The man''''s an enigma.


--------------------------------------------------------------------------------

Posted by yankeerebel7

Actually, Bush is a sociopathic, degenerate ******, and a classic one, at that. Once he gets out of the White House, I hope that he''s not so naive as to think that the people are willing to let him off the war crimes controversy, so quick. He''ll be hounded, ''til the day he does us all a favor.

[sparks224]

"Bush is a closet environmentalist. The man''s an enigma."
Posted by yankeerebel7

Bush is neither an environmentalist nor an enigma. There is nothing unknown about him. He''s just an incompetent front man for the ultra-right corporate neo-cons.

There was never any mystery about his intentions.

[tonic1661]

As long as the polluting industries had the judges in hand, George could push legislation to make the Republicans look good.

End of Story.

[anecdote1]

Goodbye from the world''s biggest polluter." George W. Bush, in parting words to British Prime Minister Gordon Brown and French President Nicolas Sarkozy at his final G-8 Summit, punching the air and grinning widely as the two leaders looked on in shock, Rusutsu, Japan, July 10, 2008

[vranger]

Compare Bush''s green house in Crawford to Gore''s energy disaster in Tennessee. Bush''s committment to the environment covers FAR more than his closets!

[yankeerebel7]

Bush is a closet environmentalist. The man''s an enigma.