By MARK JOHNSON,
Associated Press Writer
ALBANY, N.Y. (AP)-A federal appeals
court on Friday sided with 14 states
including Rhode Island and stopped the
Environmental Protection Agency from
going forward with new regulations
opponents 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 expensive pollution controls.
The U.S. Court of Appeals in Washington
ruled the EPA's changes violated
the language of the federal Clean Air Act,
and that any such change can only be
authorized by Congress. Fourteen states
and a number of cities, including New
York, San Francisco, and Washington,
D.C., sued to block the change in October
2003.
"Public health wins," said Peter
Lehner, the top environmental lawyer for
New York Attorney General Eliot Spitzer,
who led the suit for the states. "This is a
major health issue in the United States."
Lehner said the decision will apply to
about 800 power plants and up to 17,000
industrial factories nationwide and will help
reduce pollution emissions blamed for as
many as 30,000 U.S. deaths annually.
The court "is upholding the words
and purpose of the Clean Air Act as well
as EPA's historical interpretation of the
act," Lehner said.
Rhode Island Attorney General
Patrick Lynch said states have been fighting
the Bush administration to preserve
the Clean Air Act.
"Today's ruling strikes a very effective
blow at one of the Bush Administration's
most significant attempts to place
the interests of big energy over the environment,
and by extension, over public
health and the common good,'' Lynch
said.
In her decision, Judge Judith Rogers
noted the EPA's proposed changes stood
in contrast to its past practices following
the federal law.
Industry groups, however, said the
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 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 suit was filed by New York, California,
Connecticut, Illinois, Maine,
Maryland, Massachusetts, New Hampshire,
New Jersey, New Mexico, Pennsylvania,
Rhode Island, Vermont, and
Wisconsin.
A spokesman for the EPA did not
immediately return a call for comment.
On the Net:
U.S.Court of Appeals in Washington:
http://www.cadc.uscourts.gov
Office of New York Attorney General:
http://www.oag.state.ny.us/
Environmental Protection Agency:
http://www.epa.gov
Source: AP-AP Wire Service
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