Updated May 22, 2000, 10:47 a.m. ET
Court to decide on curtailing smog
WASHINGTON (AP) The Supreme Court, stepping into an enormous
environmental battle, today agreed to decide the fate of tougher
federal regulations for curtailing smog and soot nationwide.
The justices said they will review a federal appeals court
ruling that blocked the Environmental Protection Agency from
enforcing clean-air standards it adopted in 1997, among the most
contentious regulations ever issued by the Clinton administration.
The highest court's decision is expected sometime in 2001.
The dispute carries "profound implications for the health of
the American public," government lawyers told the court.
The EPA says the tougher standards are needed to protect people
with respiratory ailments, the elderly and children from the
adverse health effects of dirty air.
The standards were successfully challenged by a large coalition
of industry groups and three states Michigan, Ohio and West Virginia.
A three-judge panel of the U.S. Circuit Court of the Appeals for
the District of Columbia ruled by a 2-1 vote last year that the
agency overstepped its authority. The appeals court panel said the
EPA had interpreted the 1990 Clean Air Act "so loosely" that it
unlawfully usurped Congress' legislative power.
The full appeals court voted 6-5 in October against reviewing
the panel's decision.
The revised air standards limited the allowable level of ozone,
an essential part of smog, to 0.08 parts per million, instead of
the 0.12 parts per million under the old requirement. And states
for the first time were required to regulate microscopic
particulates, or soot, from power plants, cars and other sources
down to 2.5 microns, or 28 times smaller than the width of a human hair.
The Clean Air Act authorizes the EPA to issue air quality
standards to protect human health. The law says the agency may set
pollution limits that "accurately reflect the latest scientific
knowledge useful in indicating the kind and extent of all
identifiable effects on public health or welfare which may be
expected from the presence of a pollutant."
In its decision last year, the appeals court panel said the EPA
"rightly recognizes that the question is one of degree but offers
no intelligible principle by which to identify a stopping point."
The administration's Supreme Court appeal cited a 1989 decision
in which the justices gave Congress considerable leeway in
delegating its power. "A practical understanding that in our
increasingly complex society, replete with ever-changing and more
technical problems, Congress simply cannot do its job absent an
ability to delegate power under broad general directives," the court said then.
Government lawyers aid the appeals court decision ignored that
"crucial practical understanding," and by doing so "opened to
potential constitutional attack ... numerous other federal statutes
containing similarly broad grants of authority to administrative agencies."
Two states Massachusetts and New Jersey also appealed, as
did the American Lung Association. The court left those appeals
still pending, probably until a decision is reached on the EPA's appeal.
Industry groups filed cross-appeals that said the justices, if
they review the appeals court's decision, should also review those
portions of the ruling that freed the EPA from taking costs into
account and rejected the groups' contention that the air-quality
standards were based on incomplete and poor science.
The court also did not act on those cases.
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