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E-M:/ Engler-Harding Lose In Smog Case

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

NRDC Applauds Rejection of Industry Appeals In NOx SIP Call

Group Expects Decision Will Lead to Cleaner Air on Eastern Seaboard

WASHINGTON (June 23, 2000)  The Natural Resources Defense Council applauds 
the decision of the D.C. Circuit Court of Appeals rejecting industry 
opponents appeals of the March 2000 decision in Michigan v. EPA, by the 
D.C. Circuit Court of Appeals upholding EPA's rule on regional ozone smog 
pollution affecting the Eastern United States. This is a major victory for 
EPA, the public, and NRDC, which intervened in the litigation on behalf of EPA.

"We look forward to working with EPA to implement this important rule to 
clean up fossil-fuel burning power plants," said David Hawkins, a NRDC Senior
Attorney. "This decision will begin to clear the smog that has been searing 
the lungs of people across the Eastern United States and clouding the 
debate in the halls of Congress."

The Clean Air Act requires states to adopt rules to prevent interstate 
pollution as part of national smog clean-up efforts. In 1995, in response 
to a lawsuit by NRDC and other environmental groups, EPA convened 
representatives of 37 states in the eastern part of the country to develop 
regional clean-up plans.

In 1998 EPA issued a rule requiring 22 of those states to cut smog-forming 
emissions from electric power plants and other pollution sources to abate 
interstate pollution.

Industry and several upwind states sued EPA and the case was argued in 
November, 1999. Today's decision rejected all significant industry and 
state attacks on EPA's rules and clears the obstacles that have prevented 
implementation of this important public health program.

Now that EPA can complete its work, the rule will help reduce the severity of
summer ozone smog pollution across the Eastern United States, protecting
asthmatic children who are being admitted to hospital emergency rooms with
increasing frequency, the elderly, and millions of Americans with respiratory

NRDC has been working for decades, using advocacy, litigation and public
education campaigns, to reduce pollution from grandfathered fossil fuel-fired
power plants. This is an important victory for the public health and the


The Natural Resources Defense is a national, nonprofit organization of
scientists, lawyers and environmental specialists dedicated to protecting 
public health and the environment. Founded in 1970, NRDC has more than 
400,000 members nationwide, served by offices in New York, Washington, Los 
Angeles and San Francisco. More information on NRDC is available at its Web 
site, www.nrdc.org.

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