Court Orders EPA To Follow the Law

February 9, 2008
Court Orders EPA To Follow the Law

A federal appeals court yesterday threw out the Environmental Protection Agency's approach to limiting mercury emitted from power-plant smokestacks, saying the agency ignored laws and twisted
logic when it imposed new standards that were favorable to plant owners.

The ruling, issued by the U.S. Court of Appeals for the D.C. Circuit, was another judicial rejection of the Bush administration's pollution policies. It comes less than a year after the U.S. Supreme Court rebuked the administration and the EPA for refusing to regulate greenhouse gases.

Judges Say E.P.A. Ignored Order in Setting Emission Standards

March 14, 2007
Judges Say E.P.A. Ignored Order in Setting Emission Standards

The ruling said the agency had ignored the court's order to ensure that the basis for its standards was emission levels achieved by kilns using the most effective technology currently in use in the industry.

"If the Environmental Protection Agency disagrees with the Clean Air Act's requirements for setting emission standards it should take its concerns to Congress," the judges wrote in an unusually pointed final paragraph.

"If the E.P.A. disagrees with this court's interpretation of the Clean Air Act," they continued, the agency should appeal its earlier ruling. "In the meantime, it must obey the Clean Air Act as written by Congress and interpreted by this court."

Federal court rules against EPA

January 26, 2007
Federal court rules against EPA

The decision late Thursday by the 2nd U.S. Circuit Court of Appeals concluded that it was improper for the EPA to let power plants circumvent environmental laws - for instance, restocking polluted water with new fish instead of paying to upgrade their technology.

It said the EPA's decisions must "be driven by technology, not cost," unless two technologies produce essentially the same benefits but have much different costs.

Federal court rules against EPA

January 26, 2007
Federal court rules against EPA

The decision late Thursday by the 2nd U.S. Circuit Court of Appeals concluded that it was improper for the EPA to let power plants circumvent environmental laws - for instance, restocking polluted water with new fish instead of paying to upgrade their technology.

It said the EPA's decisions must "be driven by technology, not cost," unless two technologies produce essentially the same benefits but have much different costs.