Bush Administration Rule on Pollution Struck Down

Bush Administration Rule on Pollution Struck Down

By Del Quentin Wilber
Washington Post Staff Writer
Wednesday, August 20, 2008; Page A02


A federal appeals court yesterday struck down a Bush administration rule that prevented states and local governments from imposing stricter monitoring of pollution generated by power plants, factories and oil refineries than required by the federal government.

In a 2 to 1 decision, a panel of the U.S. Court of Appeals for the District of Columbia Circuit found that the Environmental Protection Agency rule violated a provision of the Clean Air Act, which requires adequate monitoring of emissions to ensure compliance with pollution limits.

Judge Thomas B. Griffith wrote for the majority that federal standards often are not sufficient to ensure proper monitoring, so states and local governments must be allowed to fill the gap.

"The question in this case is whether permitting authorities may supplement inadequate monitoring requirements when EPA has taken no action," Griffith wrote.

Environmental groups, which brought the lawsuit, said the decision was a significant victory that will help ensure that pollution levels are accurately tracked and reported.

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http://www.washingtonpost.com/wp-dyn/content/article/2008/08/19/AR2008081902721.html