EPA to relax pollution rules?

According to the theory, the more developed a country becomes, the tighter its environmental regulations. That is at least the premise behind the shape of the environmental Kuznets curve.

So why would the US, one of the world's most highly developed countries (or is it....), introduce legislation to weaken environmental regulations?

This also represents the Colarado Independent's first appearance on this blog. To compare the EPA with "humpty-dumpty" and "Alice in Wonderland" marks an impressive debut. The article needs to be read in full for these insults to be even vaguely understood.

EPA moves to ease pollution rules [Colarado Independent]

The Environmental Protection Agency seems on the brink of issuing a new regulation that would make it easier for power plants to operate longer hours — and emit more pollution.

Under the proposed rule, power plants would be able to measure their rate of emissions on an hourly basis instead of their annual total output. As long as the hourly emissions stay at or below the plant’s established maximum, the plant would be treated as if it were operating cleanly — even if its total annual emissions increased as plant managers stepped up output.

Under the current policy, power plants that seek to operate longer must install pollution-control equipment. The proposed rule, expected to be finalized in the next two weeks, would increase the life span of older power plants without owners having to install costly new pollution-control equipment.

The rule, though, may be in conflict with a 2007 Supreme Court case, Environmental Defense v. Duke Energy Corp. In a 9-0 ruling, the justices decided that the Clean Air Act required Duke Energy to install pollution-control equipment if its annual pollution output increased. The court made clear that power plants must measure their pollution based on annual output, not an hourly rate.

The proposed power-plant rule marks a final attempt by the Bush administration to radically revise the way environmental laws are applied, especially the Clean Air Act. Throughout his presidency, George W. Bush has sought to weaken the traditional regulatory authority of many federal agencies — like the Food and Drug Admin. and Consumer Product Safety Commission — to make them more friendly to business. This anti-regulatory stand has had perhaps its most sweeping effect on the EPA.

But the administration’s drive to weaken environment safeguards has gotten it into legal trouble. Since Bush took office in 2001, the EPA has issued 27 air-pollution regulations. Seventeen were either partly or entirely thrown out by the D.C. circuit court, which oversees cases involving federal regulation. One, the Duke Energy case, was reversed by the Supreme Court.

In many of the rulings, judges used caustic language in striking down the administration’s position. They lectured EPA officials on elementary legal principles, like the importance of carefully reading the language of a law. The agency has been compared to Humpty Dumpty and the Queen of Hearts in “Alice in Wonderland.”

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