Groups Defend Clinton-Era Air ProgramBy PETE YOST
The Associated Press
Wednesday, November 1, 2006; 1:40 AM
WASHINGTON -- Environmental groups are defending a Clinton-era clean air
program that the Bush administration is trying to weaken, arguing to the
Supreme Court that a power company must install costly pollution controls
on its aging coal-fired plants.
The outcome of the case, Environmental Defense v. Duke Energy Corp.,
could affect three dozen power plants in 10 states where utility companies
are challenging federal requirements under the New Source Review program.
At issue is whether the 4th U.S. Circuit Court of Appeals had the authority
to handle the case when it ruled in favor of Duke. Also in dispute is whether
pollution emissions should be calculated hourly, as Duke wants, or annually,
as the environmental groups say.
-snip-The Duke case's origins date to the 1970s when Congress amended the Clear
Air Act to require installation of expensive pollution equipment on newly
constructed power plants. Lawmakers gave older plants a partial exemption,
believing that the power industry would be phasing out the older facilities.
Instead, the companies revamped their aging plants, enabling them to operate
hours longer each day, resulting in production of more electricity and the
emission of even more pollutants.
-snip-