Court rules against Bush on coal plants
Published 9:42 pm Friday, February 8, 2008
WASHINGTON — A federal appeals court said Friday the Bush administration ignored the law when it imposed less stringent requirements on power plants to reduce mercury, which scientists fear could cause neurological problems in 60,000 newborns a year.
A three-judge panel unanimously struck down a mercury-control plan imposed by the Environmental Protection Agency three years ago. It established an emissions trading process in which some plants could avoid installing the best mercury control technology available by buying pollution credits.
Environmentalist and health experts argued that such a cap-and-trading mechanism would create “hot spots” of mercury contamination near some power plants. Seventeen states as well as environmental and health groups joined in a suit to block the regulation, saying it did not adequately protect public health.
Power plants are the biggest source of releases of mercury, which finds its way into the food supply, particularly fish. Mercury can damage developing brains of fetuses and young children.
The U.S. Court of Appeals for the District of Columbia Circuit said that the EPA violated the federal Clean Air Act when it scrapped a mercury-control policy established in December 2000 under the Clinton administration. Utilities were required to install the best available technology to capture mercury from power-plant smokestacks.
The court decision was the latest in a string of rebukes of Bush’s environmental policies. The Supreme Court last year took the administration to task for not regulating greenhouse gases. Courts have also rejected administration attempts to overhaul federal forest policies and streamline fuel economy standards for small trucks.
