| Court Rules Against EPA on Incinerator Use |
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NEW ORLEANS (June 9, 2007) – The Louisiana Environmental Action Network is hailing a ruling by a federal appeals court that upholds the Clean Air Act’s most stringent rules governing air pollutants. The decision, made by the U.S. Circuit Court of Appeals for the District of Columbia, means that refineries, smelters, chemical plants and other facilities that burn industrial wastes – rather than ship them off-site – must comply with the Clean Air Act. Ruling by Federal Court Upholds Americans Right To Be Protected from Incinerator Pollution NEW ORLEANS (June 9, 2007) – The Louisiana Environmental Action Network is hailing a ruling by a federal appeals court that upholds the Clean Air Act’s most stringent rules governing air pollutants. The decision, made by the U.S. Circuit Court of Appeals for the District of Columbia, means that refineries, smelters, chemical plants and other facilities that burn industrial wastes – rather than ship them off-site – must comply with the Clean Air Act. “Congress enacted very specific and protective emission standards to protect Americans from incinerator pollution but the current administration has seen fit to rewrite the rules to accommodate their friends in the energy business,” says Marylee Orr, executive director of the Louisiana Environmental Action Network, one of four plaintiffs in the case. “It is unfortunate that the U.S. Environmental Protection Agency needs to be reminded that it is in business to protect citizens from incinerator pollution.” A three-judge panel from the 11th Circuit agreed and sent the EPA rules back to the government agency for “wholesale revision.” The suit was filed in 2005 after the EPA established definitions for “commercial and industrial solid waste incineration” units. Plaintiffs said that the rules, and the accompanying “Boilers Rule,” violated the Clean Air Act because many units would be treated as boilers or "process heaters that burn fossil fuels rather than hazardous waste incinerators." Plaintiffs said the court’s decision will force the EPA to toughen toxic emissions standards for thousands of facilities nationwide. It also will end EPA's practice of allowing certain industrial facilities to avoid controlling emissions of hydrochloric acid and several other substances that Congress had listed as "hazardous" under the Clean Air Act. Lawyers for Earthjustice and the Natural Resources Defense Council brought the suit on behalf of LEAN, NRDC, the Sierra Club and the Environmental Integrity Project. # # # Chris Smith Media Relations Coordinator (504) 884-4008 (cell) |
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