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E-M:/ AP: Court backs EPA on pollution from power plants

Enviro-Mich message from "Rita Jack" <rita.jack@sierraclub.org>


Published June 25, 2005

Court backs EPA on pollution
Older power plants allowed to pollute more under ruling

By Devlin Barrett 
Associated Press

WASHINGTON - A federal appeals court on Friday rejected claims by 13 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 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
Environmental critics said it also will 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.
The decision comes a week after a Richmond, Va., appeals court ruled power
plants can pump more pollutants into the air annually when they modernize to
run longer operating hours.

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