The Daily Gazette - Schenectady, NY
Daily Gazette

Editorials: Clean air rule ambushed in court
Thursday, July 17, 2008

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One of the few, if not only, steps the Bush administration ever took in the interests of clean air — a rule authored by its Environmental Protection Agency in 2005 aimed at getting power plants to reduce smokestack emissions — was unexpectedly overturned last Friday by a federal appeals court. Not only was the decision a serious setback for people with respiratory ailments, it managed to anger a good many utilities that had taken steps to comply with the so-called Clean Air Interstate Rule.

While the EPA might consider addressing the court’s objections by issuing a new rule, it would probably be easier for Congress to simply adopt a comparable law.

The court’s contention is that the EPA overstepped its bounds in calling for sharply stricter standards for acid rain and smog emissions than the Clean Air Act, passed by Congress in 1990, called for. OK, so let Congress clarify its intent and legislate the tougher standards.

They are significant in that they would have reduced acid-rain-producing sulfur dioxide emissions by 70 percent and smog-producing nitrogen oxide emissions by 60 percent, starting next year. And they would have done so in minimally intrusive, creative fashion — the so-called cap-and-trade approach which allows plants with older, dirtier technology to buy credits from those with newer, cleaner equipment. According to EPA, the net effect would have been 17,000 fewer deaths and health care savings approaching $100 billion per year.

In upstate New York especially, emissions from Midwest power plants have been devastating, responsible for the acid rain “deaths” of hundreds of Adirondack lakes and ponds. In cities like New York, these emissions have increased the number of “smog alerts” that force people with respiratory ailments to limit their outdoor activities on hazy summer days like today.

Since the Bush administration was responsible for the original rule, it should have no problem with an attempt by Congress to legislate tougher standards. Lawmakers need to get this done soon.



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