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A federal appeals court recognizes a dangerous pollutant
Published on Friday, Feb 15, 2008
Unfortunately, the Bush team carved a gaping loophole in the rule. Yes, toxic pollution would be curbed. The emissions wouldn't be reduced enough to meet the requirements of the Clean Air Act, the priority the law places on the quality of public health. Thus, a week ago, a panel of federal appeals court judges (including a Bush the younger appointee) unanimously struck down the EPA regulations. They concluded that the feds ignored their legal obligation to require the strictest controls, jabbing the agency for applying ''the logic of the Queen of Hearts,'' substituting its own wishes for the ''plain text.''
The dangerous loophole stemmed from a cap-and-trade system for curbing emissions. If overall mercury pollution would be reduced 70 percent by 2018, the purchase of allowances would translate into certain power plants escaping sufficient controls. Those people in the vicinity of such a plant wouldn't see the benefits required by the law. In other words, their health would be unduly at risk.
The cap-and-trade system has proved effective in lowering emissions of sulfur dioxide (the culprit in acid rain). The system would serve well in reducing greenhouse gases that drive global warming. Mercury is simply too toxic to allow for these ''hot spots,'' where the emissions escape necessary regulation.
What next? The hope is, the litigation will cease, and the feds will return to the plan devised by the Clinton White House in 2000, requiring tighter and, yes, more expensive controls, reducing mercury emissions 90 percent. The Clinton plan had the distinct legal advantage of holding to the law, putting public health above all.
Get the full article here.
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