Court to take on air rules

Monday, May 22, 2000 | 10:59 a.m.

SUN STAFF AND WIRE REPORTS

WASHINGTON -- The Supreme Court, stepping into an enormous environmental battle, today agreed to decide the fate of tougher federal regulations for curtailing smog and soot nationwide.

The justices said they will review a federal appeals court ruling that blocked the Environmental Protection Agency from enforcing clean-air standards it adopted in 1997, among the most contentious regulations ever issued by the Clinton administration.

The highest court's decision is expected sometime in 2001.

The new rules have never been enforced because of the appeals court ruling. Clark County is still struggling to meet existing EPA rules for carbon monoxide and fine dust.

Failure to meet those rules this year could lead to a federal crackdown on road planning and construction, and potentially stop all growth in the Las Vegas Valley.

Government lawyers argued the dispute carries "profound implications for the health of the American public."

In other major action today, the Supreme Court ruled:

A three-judge panel of the U.S. Circuit Court of the Appeals for the District of Columbia ruled by a 2-1 vote last year that the agency overstepped its authority. It said the EPA interpreted the 1990 Clean Air Act "so loosely" that it unlawfully usurped Congress' legislative power.

The full appeals court voted 6-5 in October against reviewing the panel's decision.

The revised air standards limited the allowable level of ozone, an essential part of smog, to 0.08 parts per million, instead of the 0.12 parts per million under the old requirement. And states for the first time were required to regulate microscopic particulates, or soot, from power plants, cars and other sources down to 2.5 microns, or 28 times smaller than the width of a human hair.

Russell Roberts, Clark County air quality planner, said the region does not appear to be in compliance with the new EPA ozone standards. If the court rules those standards are enforceable, Clark County would have to write a clean-air plan for ozone.

The standard of 2.5 microns for particulate matter is also a problem for Southern Nevada, Roberts said.

The region is still struggling to get EPA approval for county plans to clean up carbon monoxide and fine dust in the air.