Senator Jim Jeffords, I-Vt., ranking member of the Senate Environment and Public Works Committee, today issued the following statement in response to a 3-0 decision by the U.S. Court of Appeals in Washington, D.C. that struck down the EPA’s rule relating to New Source Review. The rule would have allowed coal-burning power plants to avoid installing modern pollution controls when updating the plants. “This unanimous decision confirms what we have known for some time: The Environmental Protection Agency’s rule relating to New Source Review fails to comply with the plain language of the Clean Air Act. I am pleased that the court declared this dangerous rule illegal. If allowed to stand, it would have resulted in increased air pollution, leading to more cases of asthma, premature death and other illnesses. At least in this instance, the EPA's attempt to ignore the language of the Clean Air Act and create a safe harbor for polluters has fallen completely flat. Public health is the real winner in this legal victory.” - 30 - The link to the court's decision:
http://pacer.cadc.uscourts.gov/docs/common/opinions/200603/03-1380a.pdf