D.C. Circuit Court Throws Out Clean Air Rule

The D.C. Circuit has struck down a Bush administration rule barring states and local governments from requiring increased air pollution monitoring. The 2-1 ruling invalidated a two-year-old rule.

The Clean Air Act requires that permits granted to facilities releasing more than 100 tons of any pollutant a year provide for monitoring to ensure the company is meeting its emissions targets.

Such permits are usually issued by local or state agencies. But the rule prohibited municipalities from imposing standards stricter than those set by the federal Environmental Protection Agency.

The EPA said it would review the court’s decision, and through a spokesperson maintained that monitoring issues should be addressed on the national level rather than on a case-by-case basis.

Meanwhile, 12 states, New York City and the District of Columbia are suing the EPA, claiming the Bush administration has failed to control oil refinery emissions.

New York Attorney General Andrew Cuomo says the suit is aimed at forcing the EPA to adopt new regulations to reduce oil industry pollution that contributes to global warming.

Originally published by Lawyers USA Staff.

(c) 2008 Lawyers USA. Provided by ProQuest LLC. All rights Reserved.