Court says EPA air pollution rule is illegal
Environmental
A Bush administration rule barring states and local governments from requiring more air pollution monitoring is illegal, a federal appeals court ruled Tuesday.
In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit threw out a two-year-old rule that may have allowed some refineries, power plants and factories to exceed pollution limits because the Environmental Protection Agency "failed to fix inadequate monitoring requirements ... and prohibited states and local authorities from doing so."
Since 1990, the Clean Air Act has required permits granted to facilities releasing more than 100 tons of any pollutant a year to include enough monitoring to ensure the company is meeting its emissions targets. Approximately 15,000 to 16,000 permits have been issued under the program, mostly by state and local pollution agencies.
"We can't have strong enforcement of our clean air laws unless we know what polluters are putting into the air," said Keri Powell, a staff attorney with Earthjustice, who sued the EPA on behalf of four environmental groups.
The EPA said Tuesday that it was reviewing the court's decision. But an agency spokesman said the monitoring deficiencies should be remedied on the national level rather than on a case-by-case basis.
Appeals court judge Brett Kavanaugh, a former attorney in the Bush White House, wrote the sole dissenting opinion.
He said that while EPA and state and local governments may disagree about whether monitoring requirements will adequately measure compliance, he found "nothing in the statute that prohibits EPA's approach."
Related listings
-
No decision on Exxon Valdez interest payments
Environmental 08/13/2008The U.S. Supreme Court on Tuesday declined to decide whether Exxon Mobil Corp. must pay interest on punitive damages awarded in the nation's worst oil spill.In a brief order, the court said the 9th U.S. Circuit Court of Appeals, based in San Francisc...
-
Judge: EPA must regulate ship water discharge
Environmental 07/24/2008An appeals court Wednesday upheld a ruling ordering the Environmental Protection Agency to regulate the water discharged from ships as a way to protect local ecosystems from invasive species.The 9th U.S. Circuit Court of Appeals said it agreed with t...
-
EPA dropped wetlands cases after high court ruling
Environmental 07/08/2008The Bush administration didn't pursue hundreds of potential water pollution cases after a 2006 Supreme Court decision that restricted the Environmental Protection Agency's authority to regulate seasonal streams and wetlands.From July 2006 through Dec...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.