This is a HUGE victory for Progressives.
A federal appeals court today overturned the Environmental Protection Agency’s attempt to exempt power plants, refineries and other pollution sources from Clean Air Act rules that require them to install costly new pollution controls whenever they make changes that increase their emissions.
Ruling in favor of a coalition of states and environmental advocacy groups, the court declared that the plain language of the act required a much stricter approach, as the Clinton administration had devised, and that only “a Humpty Dumpty” interpretation, as the court called the E.P.A.’s position, could construe the law otherwise.
“We decline such a world view,” said the unanimous decision of a three-judge panel that included Judge Janice Rogers Brown, a conservative appointed last summer by President Bush.
Plaintiffs in the case - more than a dozen states, including New York and California, and a large group of environmental organizations - hailed the decision as one of the most important in years for environmental protection. The law governs more than 800 power plants around the country as well as 17,000 factories, refineries and chemical plants.
…“This is an enormous victory over the concerted efforts by the Bush administration to dismantle the Clean Air Act,” Attorney General Eliot Spitzer of New York, whose office argued the case for the states, said in an interview. “It shows that the administration’s effort to misinterpret and undermine the statute is illegal.”
Eliot Spitzer is the man! Why isn’t he running for president? Oh… he’s got that governor thing he wants in New York.
In a bleak era for the environment, this is great news. Even more stunning (and encouraging) is that the decision was unanimous from a three judge panel which included a Bush appointee.
The coalition of states led by New York and environmental organizations such as Earthjustice deserve a great deal of credit and thanks from all of us.