Federal appeals court guts foundation of Bush Administration's air pollution policy

Frank O'Donnell [President, Clean Air Watch]: "The Clean Air Interstate Rule was the foundation of the Bush administration's air pollution policy, and that foundation has now been blown to smithereens.

Its demise will mean that tens of millions of Americans will be breathing dirty air for a longer time.

Particularly reprehensible in this affair is the behavior of Duke Energy [Clean Air Watch backgrounder], the leader among electric power industry opponents to the rule. In a silly attempt at "spin" control after the decision, Duke declared that it did not seek to destroy the whole rule. That is a flat-out lie. If you check the legal brief filed by Duke with the court, you will see (on page 34): "EPA's CAIR SO2 rules exceed EPA's authority and are arbitrary, capricious and an abuse of discretion. This Court should vacate them.""

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