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Court reinstates clean air rule during EPA fix
State Law Issues | 2008/12/24 09:14
In a ruling hailed by environmentalists, a federal appeals court on Tuesday reinstated one of President George W. Bush's clean air regulations while the Environmental Protection Agency makes court-mandated changes.pIn July, the U.S. Appeals Court for the District of Columbia Circuit threw out the Clean Air Interstate Rule, which required 28 mostly Eastern states to reduce smog-forming and soot-producing emissions that can travel long distances in the wind./ppThe court said the EPA overstepped its authority by instituting the rule, citing more than several fatal flaws in the regulation. However, a three-judge panel decided to reinstate the rule while the EPA develops a new clean air program./ppJudge Judith W. Rogers said allowing the country to go without the protection of CAIR while the EPA fixes it would sacrifice clear benefits to public health and the environment./ppThe judges did not give EPA a deadline to come up with new regulations, but warned the agency that this decision is not an indefinite stay of its July ruling./ppThe Environmental Protection Agency had predicted that the Clean Air Interstate Rule would prevent about 17,000 premature deaths a year by dramatically reducing sulfur dioxide and nitrogen oxide emissions. In addition, the EPA said the rule would save up to $100 billion in health benefits, eliminate millions of lost work and school days and prevent tens of thousands of nonfatal heart attacks./p


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