Appeals court smacks down Bush administration on Clean Air Act

In case you missed it, a federal appeals court issued an injunction on Christmas Eve against the Bush administration, blocking, at least temporarily, the president’s efforts to gut the Clean Air Act. The changes were due to be implemented today.

State attorneys general from 12 states — Connecticut, Maine, Maryland, Massachusetts, New Hampshire, New Mexico, New Jersey, New York, Pennsylvania, Rhode Island, Vermont and Wisconsin — had filed suit against the administration, arguing that Bush’s changes to the Clean Air Act would be dangerous to the environment and the public’s health. The states were joined by environmental and health groups, including the Natural Resources Defense Council and the American Lung Association.

Specifically Bush’s proposed changes to the Clean Air Act included provisions that would have allowed factories, coal plants, utility facilities, and refineries to replace and/or repair older equipment without installing additional pollution controls, which can be expensive and are therefore viewed as a burden by business interests.

The appeals court’s ruling did not specifically address the merits of the case against the Bush administration, but halted the proposed changes while the lawsuit moved forward. The three-judge panel did, however, appear to believe that the case challenging the proposed changes to the Clean Air Act would succeed, saying that the plaintiffs “have demonstrated the irreparable harm [of the rule] and likelihood of success on the merits” of their case.

Sounds like the decision was an early Christmas present for those of who like clean air.