U.S. courts Tuesday rejected two weak regulatory efforts put forth by the Bush-era Environmental Protection Agency (EPA).
A federal appeals court ruled that Bush-era clean air standards were deficient, sending them back to the U.S. Environmental Protection Agency (EPA) for corrective action.
The Bush administration had rejected recommendations by its science advisors for stronger airborne particulate standards, and the court ruled that the action was arbitrary. The standards at issue limit levels of soot, smoke, and other airborne particles linked to tens of thousands of premature deaths each year.
"This is a huge victory for anyone who breathes," said Earthjustice attorney Paul Cort. "Particulate matter is one of the most deadly forms of pollution out there today. The Bush EPA refused to follow the advice of leading health advocates as well as its own scientists who argued that a stronger standard was needed to protect public health. Today’s ruling corrects that injustice."
Earthjustice, an environmental law firm, filed the suit on behalf of the American Lung Association, Environmental Defense Fund, and National Parks Conservation Association. A number of states also challenged the standards.
In October 2006, the EPA rejected the advice of its own scientific advisory panel and staff scientists for a stronger annual standard for fine particulate matter air pollution. The Clean Air Scientific Advisory Committee had recommended strengthening the existing annual standard of 15 micrograms per cubic meter for fine particulate matter–originally set in 199 –to between 13 and 14 micrograms per cubic meter.
In a separate decision, the United States Supreme Court declined to consider a Bush-era rule that would have allowed a cap-and-trade approach to toxic mercury emitted by the U.S. power industry. This decision effectively invalidates the Bush rule.
A lower federal court in 2008 held 3-0 that the Environmental Protection Agency rule violated the Clean Air Act by evading mandatory cuts in toxic mercury pollution from coal- and oil-fired power plants. The Supreme Court’s decision not to hear the case finally and completely invalidates the so-called "Clean Air Mercury Rule," which would have allowed dangerously high levels of mercury pollution to persist under a weak cap-and-trade program that would not have taken full effect until well beyond 2020.
"Today’s good news is due in no small part to the leadership of the Obama administration, in renouncing the harmful Bush administration actions and embracing EPA’s responsibilities to protect the American people against mercury and other toxic pollution," said John Walke, senior attorney for the Natural Resources Defense Council. "Administrator Jackson has a special opportunity to clean up harmful air pollution from power plants once and for all, and her leadership so far bodes well for the future."
Last week the Obama administration announced its support for a legally binding global treaty to reduce the introduction of toxic mercury into the environment.
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