Decisions Shut Door on Bush Clean-Air Steps

Any major steps by the Bush administration to control air pollution or reduce emissions of heat-trapping gases came to a dead end on Friday, the combined result of a federal court ruling and a decision by the head of the Environmental Protection Agency.

In the morning, a federal appeals court struck down the cornerstone of the administration’s strategy to control industrial air pollution by agreeing with arguments by the utility industry that the E.P.A. had exceeded its authority when it established the Clean Air Interstate Rule in 2005. The court, the United States Court of Appeals for the District of Columbia Circuit, said the rule, which set new requirements for major pollutants, had “fatal flaws.”

A few hours later, the E.P.A. chief rejected any obligation to regulate heat-trapping gases like carbon dioxide under existing law, saying that to do so would involve an “unprecedented expansion” of the agency’s authority that would have “a profound effect on virtually every sector of the economy,” touching “every household in the land.”
Taken together, the developments make it clear that any significant new effort to fight air pollution will fall to the next president.

The comments by the E.P.A. administrator, Stephen L. Johnson, reinforced a message that the administration had been sending for months: that it does not intend to impose mandatory controls on the emissions that cause climate change. John Walke, a lawyer with the Natural Resources Defense Council, a leading environmental group, said, “As a result of today, July 11, the Bush administration has failed to achieve a single ounce in reductions of smog, soot, mercury or global warming pollution from power plants.”

Mr. Johnson said he was “extremely disappointed” in the court decision “because it’s overturning one of the most significant and health-protective rules in our nation’s history.”
But on climate change, he said laws like the Clean Air Act were “ill-suited” to the complexities of regulating greenhouse gases.

Mr. Johnson’s comments appeared as a preface to a report by the E.P.A. staff sketching out how the emission of heat-trapping gases, particularly by vehicles, might be handled under the Clean Air Act. The report was intended to address a Supreme Court directive that the agency decide whether such gases threaten people’s health or welfare. But it also reflects the deep disapproval of controls on such gases by the White House and agencies like the Transportation, Agriculture and Commerce Departments.

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