Judges Overturn Bush Bid to Ease Pollution Rules

By MICHAEL JANOFSKY
Published: March 18, 2006

WASHINGTON, March 17 — A federal appeals court on Friday overturned a clean-air regulation issued by the Bush administration that would have let many power plants, refineries and factories avoid installing costly new pollution controls to help offset any increased emissions caused by repairs and replacements of equipment.
Ruling in favor of a coalition of states and environmental advocacy groups, the United States Court of Appeals for the District of Columbia Circuit said the "plain language" of the law required a stricter approach. The court has primary jurisdiction in challenges to federal regulations.

The ruling by a three-judge panel was the court's second decision in less than a year in a pair of closely related cases involving the administration's interpretations of a complex section of the Clean Air Act. Unlike its ruling last summer, when the court largely upheld the E.P.A.'s approach against challenges from industry, state governments and environmental groups, the new ruling was a defeat for the agency and for industry, and a victory for the states and their environmentalist allies.

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http://www.nytimes.com/2006/03/18/politics/18enviro.html?hp&ex=1142658000&en=3d4102835fc688c9&ei=5094&partner=homepage

This is the first positive thing I can remember since the ANWR vote.

who are legislating from the bench.