On Friday [July 11, 2008], a federal appeals court unanimously struck down a Bush administration clean air regulation that was a cornerstone of the president’s clean air policy.

The clean air regulation that the court overturned required 28 states, mostly in the Eastern and Midwestern United States, to dramatically reduce sulfur dioxide and nitrogen oxide emissions that produce soot, form smog, and are easily carried long distances by the wind.

High Cost of Court’s Clean Air Ruling
According to the EPA, the Clean Air Interstate Rule would have prevented 17,000 premature deaths and tens of thousands of nonfatal heart attacks every year, eliminated millions of lost work and school days, and saved up to $100 billion in health care costs.

Electric power producers challenged the regulation in court, and the U.S. Federal Court of Appeals for the District of Columbia Circuit decided that the EPA had exceeded its authority by issuing the rule. The court cited “more than several fatal flaws” before overturning the regulation.

Court Rejection of Clean Air Rule Bad News for Environment
The judicial ruling is considered a defeat for both the Bush administration and several environmental groups that favored the clean air regulation and had joined the EPA in defending the rule.

"This is without a doubt the worst news of the year when it comes to air pollution," said Frank O’Donnell, president of Clean Air Watch.

Next Steps on Clean Air Regulation
The Bush administration has the right to appeal the ruling, and environmental groups are already calling on Congress and the EPA to quickly draft a new law or a replacement clean air rule to address the problem, but the most likely scenario is that nothing more will happen on this issue before a new president occupies the White House.

The environmental, economic and public health benefits of the Clean Air Interstate Rule—regrettably lost when the court struck down the regulation—are undeniable. Yet, if the regulation was so flawed that the court felt compelled to reject it on legal grounds, then it is the responsibility of the legislative and executive branches of government—specifically Congress, the EPA, and the White House—to take decisive action and reclaim those benefits through some means that can withstand any potential legal challenge.

Also See:

• A Major Setback for Clean Air -- The New York Times
• Judges Toss EPA Rule to Reduce Smog, Soot -- Washington Post
• Americans Breathe Dangerous Levels of Smog
• More Than Half of U.S. Population Lives in Counties with Unsafe Air
• New EPA Air Quality Standards Please No One