Court rejects power plant pollution rule

Court rejects power plant pollution rule
Fri Mar 17, 2006 2:18 PM ET

By Tom Doggett

WASHINGTON (Reuters) - In a big win for environmentalists, a federal appeals court on Friday struck down a Bush administration rule that would have made it easier for coal-burning power plants to make equipment changes without installing controls to fight the pollution that would result.

The court shot down an Environmental Protection Agency rule that said power plant owners would only have to install modern pollution fighting controls if equipment changes cost more than 20 percent of the replacement cost of the plant.

Environmental groups and several states sued, arguing the rule would gut the new source review enforcement provisions of the Clean Air Act and allow the oldest, dirtiest coal-fired power plants to expand output without cutting polluting emissions.

The court agreed, saying the agency rule was "contrary to the plain language" of the Clean Air Act that says the new source review provisions would kick in if a power plant is modified to cause "any physical change" that increases the amount of air pollutants.
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http://today.reuters.com/news/newsArticle.aspx?type=topNews&storyID=2006-03-17T191757Z_01_N17338997_RTRUKOC_0_US-ENVIRONMENT-EPA-POLLUTION.xml&archived=False

it will go to the supremes and they will say-- "no problem, we know who`s paying our bills so pollute a way"

Somehow I think Judge Roberts & friends will see things differently if it gets to them.