The Hub of Politics

The man who would be the next Governor of the Empire State has won a court decision that means, I suppose, we'll all have to live with dirtier air here in the Northeast...

A federal appeals court on Friday sided with Massachusetts and 13 other states and stopped the Environmental Protection Agency from going forward with new regulations opponents say would lead to more air pollution from the nation's power plants and factories.

A victory for Clean Air™! No doubt.

"This is an enormous victory for clean air and for the enforcement of the law and an overwhelming rejection of the Bush administration's efforts to gut the law," said New York Attorney General Eliot Spitzer, who led the suit for the states. "It is a rejection of a flawed policy."

Well, doubt.

"The decision is a step backward in the protection of air quality in the United States," said Scott Segal, director of the Electric Reliability Coordinating Council, a Washington-based group representing several power-generating companies. "What is it the environmental community thinks they've won? They've won the ability to place roadblocks in front of energy efficiency projects. This is terrible news."

Ah, but "energy efficiency" always takes a back seat to Clean Air™. Besides, who needs energy efficiency when rising energy prices is yet another Pointy Stick™ that can be jabbed into GWB's ribcage?

In her decision, Judge Judith Rogers noted the EPA's proposed changes stood in contrast to its past practices following the federal law.

And it will be no surprise to anyone that Judge Rogers is ... wait for it ... wait for it ...

That's right, a Clinton appointee.

The rule would have broadened EPA's interpretation of "routine maintenance" for older plants. Under the Clean Air Act, operators who do anything more than routine maintenance are required to add more pollution-cutting devices.

The net result of the requirement was that - well, you can figure this out - older, pollution-producing plants weren't being upgraded. And the air continued to be filled with pollution. And it continues, unabated.

But it's all about Clean Air™, right?