Quote of the Day - Rules are made for people who aren't willing to make up their own.
Early on in MIPTC's reporting of legal news, I highlighted the government's instructions in 2003 to stop investigations of coal-fired plants and other major sources for alleged Clean Air Act violations. Next, I covered the lawsuit filed by 14 attorneys general challenging the USEPA's new policy.
Yesterday, the 11th Circuit decided that lawsuit and held for the various states, and against the USEPA. Now, the government can't exempt coal-fired power plants, oil refineries and other industrial facilities from the Clean Air Act's requirement to install new pollution controls to comply with with new emissions limits. Nearly 800 power plants and 17,000 other facilities must comply with New Source Rule requirements. A large majority of those plants and facilities are located in California and New York. You can read more from the New York Times and Elliott Spitzer, New York's Attorney General.
In its opinion, the Appellate Court noted: "[US]EPA’s interpretation [of the law] would produce a ‘strange,’ if not an ‘indeterminate,’ result: a law intended to limit increases in air pollution would allow sources operating below applicable emission limits to increase significantly the pollution they emit without government review." In other words, the same rules apply to everyone.