Such a definition, said Natural Resource Defense council Clean Air director John Walke, was exactly what Duke Energy wanted, and would make it almost impossible to say that a plant had increased pollution, since its output would always be measured against its hypothetical maximum. "Part of the EPA argues that the 4th Circuit decision is wrong, and the other part of the EPA is pursuing rulemaking to adopt what the 4th Circuit decided," said Walke.

The rule change is scheduled to take place in January. Whether it goes through, said Walke, will depend largely on the Supreme Court's decision. If they argue — as the 7th District Court recently did — that the 4th District's interpretation of pollution broke the intention of the Clean Air Act, the EPA will be hard pressed to change the rule. If they rule that the 4th District merely acted outside of its jurisdiction, or didn't break the Act, power plants will enjoy a far more relaxed regulatory environment.

If that happens, said Walke, people will pay the companies' savings. "It would mean more asthma, more lung disease, and more sickness for the foreseeable future," he said.

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Posted on Sep 5, 2006 at 1:33 PM
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